FMLA: When You Can Refuse to Reinstate a Worker

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in Employment Law,FMLA Guidelines,Human Resources,Leaders & Managers,Office Management,Payroll Management,Performance Reviews

The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances.

For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job. But you can’t consider the worker’s taking FMLA leave as a factor in the decision. That means you can’t create a layoff list that includes absenteeism as one of the criteria unless you exclude any time the worker was on FMLA leave or was absent due to an FMLA-covered event.

What if an employee returning from leave was facing discharge for poor performance before he or she took leave or you discovered work problems during the absence? Then you can take disciplinary action. Just be prepared to defend your actions with concrete evidence and make sure you treat every worker with a similar work record the same way.

If you fire a worker with a poor perfor...(register to read more)

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