Can you terminate someone after FMLA?
An employer may terminate an employee regardless of FMLA leave status if there is a legitimate, nondiscriminatory reason such as: If an employee would have been terminated regardless of FMLA leave because of poor performance, the employee may be terminated before, during or after FMLA leave.
Can You terminate an employee on FMLA leave?
The Family and Medical Leave Act (FMLA) provides job-protected leave benefits. This generally means that when an employee qualifies for and takes FMLA leave, his or her job (or an equivalent) must be available to return to at the end of the leave period. The FMLA also has an antiretaliation provision.
How many weeks of unpaid leave do you have under FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.
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.
When can an employer safely terminate an employee?
When it comes to leave, employers generally conduct the undue hardship analysis only after the employee has exhausted FMLA leave and is requesting additional leave as an accommodation.
What happens when FMLA expires?
Employee exceeding 12 weeks of FMLA leave loses right to job restoration. According to a federal judge in Pennsylvania, employees are not entitled to the job restoration protections of the FMLA after the statutory leave has expired, even where the employee has received permission from the employer to extend that leave.
What really happens when your FMLA-mandated leave expires?
Once the FMLA’s twelve weeks of leave have expired, an employer must consider whether additional leave should be provided to the employee as a reasonable accommodation under the ADA. Generally, an otherwise qualified individual with a disability is entitled to more than twelve weeks of unpaid leave as a reasonable accommodation if the additional leave would not impose an undue hardship on the business.
When do my 12 weeks of FMLA leave “renew?
An employee’s 12 weeks of leave under the federal Family and Medical Leave Act (FMLA) don’t automatically renew at the beginning of the calendar year. The FMLA gives employers four options for calculating the leave year.