RIF while on FMLA

have a company wide RIF approaching and one employee is currently on FML. I am personally handling this one (lucky me) but was looking for some pointers. I plan to call her...I have my speech planned...this is the second RIF this year, so she's aware of our company situation. Any words of wisdom?

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  • I have done actually done a RIF with a worker on FMLA LOA, but I have seen it done, and in a way I thought was a compassionate as it could be. The RIF date was during the worker's FMLA period. The FMLA period was allowed to run it course, and the worker was told on the first day back at work, presented with the severance package offered to others (and this is an employer that actively practices RIFs as a business strategy.

    best wishes.
  • The approach from stilldazed is the best way to handle these type issues. It's always best to bring the employee back from leave if possible and then present them with the news and a severance if that's your policy.

    I have had to call employees over the phone to deliver the news of a RIF while they are on leave. This is always awkward because it never comes across as compassionate as you would like over the phone. Also, have to make arrangements for them to either come in after hours to get their items or have them boxed up for them and left at security.

    I recently had to term someone on FMLA because of poor performance that was uncovered during her "unexpected" FMLA leave. I did bring her back to deliver the news and also gave her an opportunity to explain herself (which she could not). If she tried to pursue something legally, we would look better for having done this.


  • I ended up handling over the phone. The option to wait for her return was not an...option. It went as well as it could. She wasn't really surprised considering our current situation. She did receive a nice severance package, which softened the blow. Employees must sign a confidentiality and separation agreement which basically states they won't sue us, if they want to receive the severance. I ended up reducing staff by 15 that day and unfortunately will probably have more come 3rd or 4th qtr. I really don't like my job right now.
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