RIF? Make sure layoff decision-makers don’t know workers’ FMLA status

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in FMLA Guidelines,HR Management,Human Resources,Leaders & Managers,Performance Reviews

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force.

In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts.

No doubt the managers understand that they can’t consider employees’ use of FMLA leave as a factor in the decision. On the other hand, you don’t want to set up a situation in which employees who are using FMLA leave (or will soon do so) are exempt from consideration, either. That would hardly be fair—nor is it required under the law.

The best approach: Make sure the decision-making team doesn’t have access to information about FMLA usage—past, present or pending. Isolate them from that information so they can base their decisions strictly on legitimate business reasons and nothing else...(register to read more)

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