Can a company fire an employee for taking FMLA?
Employers must show that they would have fired the worker whether she took leave or not. The FMLA isn’t a shield from pending discipline or business restructuring, despite what some employees may believe. You do, however, have to justify the discharge with good, solid reasons unrelated to asking for or taking FMLA leave.
Can you use FMLA attendance to cut staff?
You cannot use FMLA related attendance as part of the decision-making of who to cut. If you use attendance, make sure you have excluded any FMLA usage from that attendance tally. Are part of a reduction-in-force, workers on FMLA leave can be terminated if you don’t take leave into consideration. Example: Jane takes FMLA leave to give birth.
Can You single out employees for FMLA leave?
Nor do FMLA laws allow you to single out a division with high FMLA usage for layoffs. You must adjust any division goals or quotas to take into account FMLA leave. You cannot single out a group of individuals who may take FMLA leave in the near future.
What are the call in procedures for FMLA?
Give employees something in writing about the call-in procedures, Lucht said, and require them to talk live to someone. Some employees want to text that they will be out and not speak with anyone. If they have to talk to someone, they’re less likely to abuse intermittent leave, she said.
Can a employer fire you for taking FMLA leave?
It is illegal for an employer to fire someone because that person took job-protected leave under the FMLA. However, an employer may fire someone for other reasons, even if that person happens to be on FMLA leave. The FMLA gives eligible employees the right to take unpaid leave for certain medical and caretaking reasons.
Can a company Count FMLA leave as an absence?
This means that employers may not count FMLA leave as an absence in a no-fault attendance policy, for example. Similarly, you may not be fired for low productivity, if your numbers are down solely because you took time off work.
Can a person be fired for taking sick leave?
As you can see, there are a number of laws that might protect you from being fired for taking sick leave. If your employer has fired you, disciplined you, or threatened to do either because you have been out sick, you should talk to a lawyer right away. An experienced employment lawyer can assess your claims and help you decide how to proceed.
When does an employer have to notify an employee of FMLA?
Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.