Discovered shoddy work during FMLA leave? You’re within your rights to terminate

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in FMLA Guidelines,Human Resources

Once in a while, it takes an em­­ployee’s long-term absence to discover that she hasn’t been doing her job very well.

Take, for example, an employee who suddenly needs FMLA leave. Her work has to get done and you move other employees around to accommodate the absence. If they discover serious problems with how the worker out on FMLA leave had been doing the job, your hands aren’t tied.

Here’s how to handle the situation. Investigate the problems. Then decide whether you would have terminated the employee based on poor performance if she had not been out on FMLA leave.

You don’t have to ignore problems you discovered only because an employee started missing work. Remember, the FMLA doesn’t provide protection from discipline that the employee would have earned had she not taken leave.

Recent case: Adesina worked for a private nonprofit organization that provides services to people with developmental disabilities. Part of her j...(register to read more)

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