How to Legally Terminate Employees on FMLA Leave

Thursday, September 29, 2022  |  1:00 PM ET

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It’s possible to discipline, demote, or discharge employees on FMLA leave—but you need to know how.

It may seem like firing employees while they’re on FMLA leave—or have just returned from leave—will earn you an instant trip to the courthouse. But it won’t end this way if you know exactly how to handle such discipline or terminations.

Too many employees think their FMLA leave makes them untouchable. They’ll threaten to sue if they believe their jobs are threatened. This often leads to employees misusing and abusing their leave. But their faith in the “FMLA shield” is misplaced. This new webinar will also help you spot FMLA abuse and legally terminate the abusers.

On September 29, learn the legally safe steps to discipline or discharge employees who are out on FMLA leave or have recently returned. Save thousands in legal fees—or worse, in legal verdicts.

Agenda for Revise Your Job Descriptions

  • Know your rights (and employees’). Employees on FMLA leave actually don’t have greater protection from discharge IF you can show their leave played no part in your decision.
  • How to document your case. Learn exactly how to prove that your legitimate, business-based discharge was legal.
  • How to fire for poor performance. Discover what to do if you learn during an employee’s FMLA leave that they were doing their job poorly—or if a co-worker can do it better.
  • How to fire if FMLA is exhausted. Learn when you can terminate someone who used up their FMLA leave and isn’t ready to resume their duties. (Hint: It depends on whether they are disabled.)
  • How to combat FMLA misuse. Go on the offensive against FMLA abusers, and learn how to legally say “enough” and “goodbye.”
  • How to communicate legally. Discover the smart way to notify employees of your decisions—and to document them internally.

Get a whole year of webinars for one low price

We will produce about 200 webinars in the next 12 months. If you were to attend all of them, you’d pay a total of $39,400.00 in tuition. But your webinar Training Pass gets you access to all these events for a small fraction of the regular per-event price. Save 90% on a complete year of training webinars! Access over 200 expert-led training sessions … for just $1,599. Train everyone in your organization for one low price. 

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Get answers to all your questions 

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Anniken Davenport is a noted employment law attorney and the editor of HR Specialist: Employment Law. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is the co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.

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