September 4, 2018
While an employer is not allowed to fire an employee simply for exercising their right to take family and medical leave under the Family Medical Leave Act (FMLA), there are situations where the employment of an employee that is out on FMLA leave may be ended. Below are five situations where the U.S. Court of Appeals for the Tenth Circuit recently threw out lawsuits because it found that the employee would have been terminated regardless of whether the employee was on FMLA or whether the employee was actively at work. That is the key in defending a claim – would the employee have been terminated regardless of their leave status.
Stay tuned this week for more posts on leave management. Want to learn more? Start a conversation with us.