Terminating an employee under normal circumstances can be stressful enough. When looking to terminate an employee on job-protected leave, the legalities become even more complex and confusing. Are you confident that you know your rights — and those of your employees — in such sticky situations?
With the numerous types of protected leave offered and the extensive laws surrounding individual circumstances, there are many issues to consider. Are you stuck waiting until the employee returns to work? Do you need to keep the employee on staff long enough to establish a delay period between the end of the leave and the termination? Do different rules and regulations apply when terminating for performance, for disciplinary problems, for absenteeism or as part of a lay-off? Do you have to payout terminated employees for accrued but unpaid sick leave in states with paid sick leave laws?
What You'll Learn
- Legal considerations for terminating an employee on leave
- Documentation guidelines that can help keep your organization out of legal hot water
- How to avoid the number one reason most employers get in trouble
- When and how to discipline or discharge an employee on leave
- What you can and cannot do with employees on Workers' Compensation
- How to avoid penalties for wrongful termination of an employee on leave
- Termination considerations when an employee asks for extended leave beyond FMLA
- Quick tips for ensuring your terminations are legally sound
Who Will Benefit
HR professionals, HR assistants, managers, supervisors, executives — anyone who is involved in the termination of employees and wants to ensure legal compliance for his or her organization.