What should employers do if an employee’s work performance suffers while he or she is taking? 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 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)