Terminating Employees on Protected Leave
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Gain an understanding on the ins and outs of the laws surrounding job-protected leave and how to protect your organization from unwanted litigation.Disciplining or terminating an employee for performance reasons is difficult under the best of circumstances. Disciplining or terminating an employee who is on job-protected leave adds layers of complexity and can expose an employer to costly claims and lawsuits for retaliation and/or interference. The FMLA and ADA protect employees who need to take time off from work because of medical, disability, or family issues. These laws intersect and overlap, and in some cases, an employee may be protected under both of these federal laws, as well as under state laws. Our experienced panel of employment attorneys will discuss how leave under the FMLA and ADA intersect and will outline best practices for handling performance issues with employees taking leave and avoiding retaliation and/or interference claims when it becomes necessary to terminate such employees for performance-related reasons.
AuthorsLouisa Johnson, Seyfarth Shaw Salomon Laguerre, Seyfarth Shaw
Brief Overview of Federal Laws Providing Leave Rights
- Americans With Disabilities Act
- Family and Medical Leave Act
Employee Protections Under the ADA
- What Is Covered?
- Who Is Covered?
- What Is a Reasonable Accommodation?
- The Interactive Process
Employee Protections Under the FMLA
- FMLA Basic Rights
- Reasons for Leave
- Notice of Need for Leave
Thorny Issues for Employers Under the ADA and FMLA
- Timing Issues and Performance
- Avoiding Retaliation Claims in Disciplining and/or Terminating Employees
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