The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.
- Feel free to make routine shift changes--courts won't consider that evidence of retaliation
- Keep meticulous employee performance records
- Hire education: Filling job positions without inviting lawsuits
- React quickly to employee threats
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