When FMLA Leave Ends: Handling Tricky Return-to-Work Issues

Duration: 60 minutes

What if you discovered while the person was out on leave that he had been downright incompetent? Could you fire the employee for mistakes you uncovered while he was out on leave? Or would that be inviting a lawsuit?

These are just a few of the tricky questions that arise when employees return from FMLA leave.   (more details below)


    WHY ATTEND

    It’s dicey when employees come back from FMLA leave. The law says companies must offer “the same or equivalent position” when employees return to their job. But let’s be real: sometimes things happen during leave and companies need to make changes that affect the employees’ “protected” job.

    For example, what if you restructure a department and a returning employee is now assigned to an “equivalent” job that’s perceived as lower status? What if, after FMLA leave, an employee is moved to a shift she finds inconvenient or now has to report to a boss she dislikes? Could such employees argue that these changes constitute retaliation – as in, “I went on leave, so you’re punishing me”?

    What if you discovered while the person was out on leave that he had been downright incompetent? Could you fire the employee for mistakes you uncovered while he was out on leave? Or would that be inviting a lawsuit?

    These are just a few of the tricky questions that arise when employees return from FMLA leave.

    LEARNING OBJECTIVES

    In this conference, speaker Linda Hollinshead will cover the following:

    • What factors determine whether a position is “equivalent” 
    • Risks associated with firing employees for performance problems discovered while they are on FMLA leave.
    • How to address performance problems when employees return from FMLA leave
    • Fitness-for-duty tests that protect the company and the employee
    • Best practices for avoiding return-to-work problems by documenting performance and conduct issues BEFORE employees take leave

    ABOUT THE SPEAKER

    Linda Hollinshead, Esq., is an employment law attorney at Duane Morris, LLP. She trains and counsels employees on FMLA compliance, medical and religious accommodations, leaves of absence policies, harassment and discrimination prevention, responding to harassment and discrimination claims, business diversity, termination of employees, hiring practices, performance appraisals and performance management. She also conducts employee complaint investigations and assists clients in drafting employee policies and handbooks, confidentiality and non-compete agreements, employment agreements, termination and severance agreements as well as independent contractor agreements.

    CERTIFICATION

    This program has been approved for 1.0 recertification credit hour(s) through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

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    What You Get With Each Option close

    Live Recording

    Live Only

    Participation in the live upcoming webinar

    Recording

    Recording Only

    Full MP4 recording of webinar, including Q&A. Choose digital download or CD-ROM by mail.

    Live and Recording

    Live + Recording

    Participation in the live webinar + Full MP4 Recording. For recording, choose digital download or CD-ROM by mail.

    Event Package

    Event Value Pack

    Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. For recordings, choose digital download or CD-ROM by mail.

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