Employees who take
Unless you are convinced you can absolutely prove that you would have changed the employee’s assignment even if she never went on leave, promptly restore her to her former job.
Recent case: Laura Huck became pregnant with twins and needed about two weeks off to deal with complications. When she returned, she learned that her status had changed from exempt to hourly, her hours were altered and she had different duties.
She sued. The court said there was enough evidence that her employer had interfered with her to warrant a jury trial. (Huck v. Greenspan, No. 06-CV-14562, ED MI, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee has used all FMLA leave? Assess disability status before terminating
- Solid discharge reason trumps retaliation claim
- Intermittent-Leave Abuse? Double-Check Facts Before You Act
- Employment law 101: Beware firing immediately after employee returns from FMLA leave