Q. An employee of ours has attendance problems. Before we could counsel her on the attendance problems, she was approved forto care for her elderly mother. While she has taken days for her mother, she also continues to have attendance problems unrelated to her . Can we proceed with counseling and possible disciplinary actions while she is under FMLA?
A. Yes, but tread carefully. You can treat absences unrelated to FMLA leave the same as you would otherwise, provided that you don’t treat this employee any more harshly because she is using FMLA leave. She could argue that since she was not counseled about attendance until she was approved for FMLA leave, you are retaliating against her for using FMLA leave. So, you want to be comfortable that her non-FMLA absences warrant discipline under your policies, and that others with similar attendance problems have been treated similarly.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3623/attendance-discipline-needs-care-if-employee-qualifies-for-fmla-leave "