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
- Worker receiving disability benefits: Can we substitute unpaid FMLA for paid leave?
- Block firing-Bias charge by documenting business reason
- Plan to pick up slack when FMLA leave cuts worker output
- Suspect sick leave abuse? Set strong policy to stamp it out--and allow legit FMLA leave