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FMLA Insights
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  • Pub Date: Apr 28, 2010 - 9:00 am
  • "Can We Demote or Terminate an Employee While He or She is on FMLA Leave?"
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  • One of the key elements of the Family and Medical Leave Act is an employee’s right to return to the same or equivalent position when he or she returns from FMLA leave. This right of reinstatement is subject to very limited exceptions.

    However, what should an employer do when the employee’s performance deficiencies are uncovered while the employee is out on FMLA leave, or when it is forced to lay off employees due to economic conditions? In these situations, may the employer take action against the employee despite his or her leave status? This month’s podcast addresses this common issue.