Caution when dealing with employees who takefor a serious health condition. Never count -related absences against them when tallying attendance records. Doing so interferes with their right to protected FMLA leave. Employers that rely on to fire such a worker may find themselves in court arguing over which absences and late arrivals should be included or excluded—and hope they got it right.
A better approach is to focus on performance while the employee is at work. It’s permissible to fire a worker forwhether he’s on FMLA leave or not.
Recent case: Lucinda worked as a nurse at a ManorCare facility. She was already overweight, and when she began gaining even more weight, she worked with her doctors to see what the problem might be. Doctors suspected a kidney problem that was unrelated to her obesity. They prescribed no particular treatment.
Meanwhile, Lucinda periodically missed w...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Use seniority to assign tasks and take bias off the table
- Discovered shoddy work during FMLA leave? You're within your rights to terminate
- OK to cut position of worker on FMLA leave--if you can prove FMLA status didn't affect decision
- FMLA leave may be ADA accommodation