Laying off employee who’s out on FMLA leave? Better be prepared to back up the rationale

by on
in FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

The FMLA grants some unique job protections to employees who take leave to deal with medical issues, but it doesn’t grant them a blanket guarantee that they’ll keep their jobs no matter what. The FMLA just ensures that employers can’t use family and medical leave as an excuse to get rid of an employee.

For example, if an employer has to downsize due to economic conditions, employees who are out on FMLA leave 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)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment