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 they had been downright incompetent? Could you fire the employee for mistakes you uncovered while they were 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.

• 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