Lay off after FMLA
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We have an employee out on FMLA. While she's been out, her responsibilities have been assumed by other employees to the point that we now realize we don't need her. Her job performance wasn't the greatest however now that she's been out we really can see that it's better without her. Any suggestions on how to proceed with letting her go? Any considerations I should be aware of? Thanks for your help.
Comments
If there has been no change in business circumstances to warrant job consolidations, your real issue is work performance. If you find concrete evidence of serious work issues because the worker is currently absent, info that would not have been available or visible before the worker's LOA began, you may have some lattitude to discipline or place the worker in another job. If not, deal with the issue that you have and work on improving this worker's performance once the LOA ends.
best wishes