You fired worker on FMLA leave? Better have a good reason — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

You fired worker on FMLA leave? Better have a good reason

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in Employment Law,FMLA Guidelines,HR Management,Human Resources,Leaders & Managers,Management Training

Congress created the FMLA to balance the needs of the workplace and home life. The law provides eligible employees working for covered employers with up to 12 weeks’ unpaid leave to deal with serious health conditions, pregnancy, childbirth, adoption or other pressing family needs.

Under the law, employees can’t lose their jobs because they take FMLA leave.

But the law also makes it clear that employees don’t get special protection by taking FMLA leave. An employer is allowed to fire, demote, transfer or otherwise change employment terms and conditions even while an employee is on leave—if the employer can show it would have made the same employment decision anyway.

For example, an employee about to be terminated for stealing from the company won’t save her job by going out on FMLA leave. That would be tantamount to giving her more rights than other employees in her situation have.

That doesn’t mean, however,...(register to read more)

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