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You can discuss worker’s performance during FMLA leave

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in FMLA Guidelines,Human Resources

Generally, employers shouldn’t ask employees on FMLA leave to perform any work or deal with work-related problems. But that doesn’t mean there aren’t times you may need to speak with the employee.

Recent case: School custodian Saul Diaz needed to take a few weeks of FMLA leave to deal with complications related to diabetes. During his last shift before going out on leave, he left the school doors open overnight. While on FMLA leave, Diaz’s supervisor called him in to discuss the breach. When he returned from leave, he was fired.

Diaz sued, alleging that calling him in during FMLA leave to discuss work was interference with his right to that leave.

The court disagreed, concluding that under the circumstances, the employer had the right to ask about the incident. (Diaz v. Elgin, No. 09-C-01649, ND IL, 2011)

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