For example, if an employer has to downsize due to economic conditions, employees who are out on aren’t immune. They can be included in the reduction in force as long as their FMLA status isn’t used as a factor.
But employers have to be careful—it will look suspicious if the only employee laid off happens to have been out on FMLA leave or just returned from it.
That’s why you must carefully document the RIF decision-making process and be prepared to show you used only legitimate factors when deciding who got to keep their jobs and who had to go.
Note that close timing between an employee’s FMLA leave and a ...(register to read more)