I spent some time reading this weekend and came acroee some great advice in how to handle a difficult FMLA situation. The author, Jeff Nowack, wrote an excellent post on how to handle discipline in conjunction with FMLA. Three key elements to in his advice are:
- How egregious is the behavior you are conducting the discipline on? Is this something that if they were not on leave they would be fired immediately?
- Why is the employee you are about to discipline on FMLA? Do they have a cold or a heart condition? It makes a difference.
- What have you done before in similar situations? Prior practice does help your defence.
Nowack tells an interesting story as he gives the advice so I am going to refer you to his blog for a complete treatment. So check out :
Employees Take Note: Showing Pictures of Your Boyfriend’s Privates Will Doom Your FMLA Lawsuit (or Any Other Lawsuit)