Plan to pick up slack when FMLA leave cuts worker output

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in Employment Law,FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

The FMLA allows qualified employees to take up to 12 weeks of unpaid leave within a 12-month period. The law allows employees to take that leave intermittently under some circumstances.

For better or worse, intermittent leave sometimes has the effect of turning a full-time job into a de facto part-time one. Presumably, a full-time job includes enough work to keep an employee fully engaged. That means an employee taking intermittent leave probably won’t get everything done.

It doesn’t mean employers may punish the employee for failing to complete that work. (Doing so will almost certainly spur the employee to file an FMLA interference and retaliation lawsuit.) As the following case shows, it’s up to the employer to figure out how to fill the gap.

Recent case: Bookkeeper Debra Lewis worked for a school district for years without any performance problems. Then she had a terrible year personally. Both parents became ...(register to read more)

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