Can you hold employees on FMLA intermittent leave to the same work standards as others? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Can you hold employees on FMLA intermittent leave to the same work standards as others?

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What should employers do if an employee’s work performance suffers while he or she is taking FMLA intermittent leave? Can you terminate employees when their work falters because of those absences? One court last month sent a clear message: “Don’t go there!” It said employees exercising their FMLA rights should not be held to the same production standard as full-time employees who are at work everyday. Disciplining or firing such workers could earn you a one-way ticket to an FMLA retaliation lawsuit.

Case In Point: Debra Lewis, a bookkeeper for an Illinois school district, performed her duties very well and earned good reviews. But when both her parents became terminally ill, she requested and was given a flex-time schedule and was allowed to bring some work home.

The superintendent soon complained that Lewis was missing too much work and it was burdening her co-workers. The school board wanted...(register to read more)

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