Forums
termination of employee on FMLA
Benefits & Compensation
termination of employee on FMLA
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Under what circumstances would it be appropriate to lay off someone on FMLA. We have a pregnant employee who will go on FMLA in 3 months. Her job target is targeted for elimination--is it better to do
0
Cat:Topic ForumsForum:ForumId52
Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId35629
Forums » Topic Forums » Benefits & Compensation » termination of employee on FMLA
|
termination of employee on FMLA
posted at 3/11/2009 6:07 AM EDT
|
Posts: 4
First: 7/16/2004 Last: 3/11/2009 |
Under what circumstances would it be appropriate to lay off someone on FMLA. We have a pregnant employee who will go on FMLA in 3 months. Her job target is targeted for elimination--is it better to do it now or while she's on FMLA--I know there are instances where it is appropriate to lay off someone on FMLA. Please help. |
|
|
termination of employee on FMLA
posted at 3/11/2009 8:07 AM EDT
|
|
Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
You are correct that FML does not provide special protection when it comes to job elimination. However, you should be quite sure that your "i"s are dotted and "t"s crossed in terms of documenting how affected positions/individuals were selected. Without this documenation you may find yourself without a defense if the employee were to make a claim of pregnancy discrimination and/or FML retaliation.
In terms of timing...that's a little tougher. About when will the employee be going out on FML? What is the effective date of the job elimination? How many other positions are affected? Will all of the affected positions end at the same time? How and when had you planned to inform staff about the job cuts? |
Forums » Topic Forums » Benefits & Compensation » termination of employee on FMLA
