FMLA & Reduction in Workforce

ss · January 2003

Ok, here goes! I am only in my 2nd year with HR and am learning, learning, learning! I have been viewing this forum for the past 6 months and it has been so helpful to me! I decided to go ahead, take a deep breath, "bite the bullet" and post because I need some advice quickly.

It is my understanding if an ee is on FMLA leave and if reduction in workforce or terminations take place; it is ok as long as the actions had nothing to do with the leave and the actions were going to take place anyway.

My situation is concerning 2 FMLA ee's on pregnancy leave. They have had their babies and are not due back to work until the 1st week in March. I learned last week that the dept they work for is going to be downsized for economical reasons. The managers involved would like meet with all ee's to discuss what the company's plans are; and then schedule meetings to reevaluate the ee's individually to assist in their decision on which ee's would remain. They want to do this well before the 2 ee's on leave are due back to work. I do not feel comfortable in notifying these 2 ee's to come in to meet their managers concerning the downsizing of their dept and then ask them to come back for an evaluation meeting BEFORE they are due back to work! Any suggestions?

Many, many thanks!

LindaS · January 2003

You are correct regarding the termination of an employee but each employee, regardless of whether or not they are on leave, has to be granted an opportunity to meet with the manager and have an evaluation. If I'm understanding your posting you are implying that these decisions will be made prior to the employees returning from leave and these employees will not have an opportunity to meet with the manager, correct. If this is the case then you will have a problem if it is determined that these employees are to be among those terminated.

My suggestion would be to talk to the department head and ask if there is anyway that this decision can be held off until the two employees return. If not, I would contact the employee and notify them of the situation and offer them the opportunity to meet with the manager and have the evaluation. If they choose not to come in and they are one of the ones terminated at least you have offered them the same opportunities you offered to the other actively working employees.

Good Luck!

ritaanz · January 2003

I'm confused. Don't these managers know their people? Since both these women are on FLMA, they have been employed over a year. I would hope that their managers did performance reviews and evaluated their work. Unless there would be a change in working conditions, hours, etc.to discuss with them, I do not know why now they want to re-evaluate their subordinates. If after this meeting they are found to be marginal or poor performers what happens?

MS HR · January 2003

I agree with Rita. Your managers ought to know the employees by now and having to meet with them just before a layoff puts those on fmla in a position to claim they were laid off just because they were on fmla. Do the layoffs without meeting the employee and discussing evaluations. Just my two cents worth.

Whatever · January 2003

[font size="1" color="#FF0000"]LAST EDITED ON 01-16-03 AT 08:12AM (CST)[/font][p]Have any criteria been written to determine the standard that will be used in determine who will be terminated? If not, that should be the first step.

Theresa Gegen TX · January 2003

I think LindaS is right -- if the managers are going to meet with the other employees before the lay off, they need to meet with those on FMLA. I would not be too concerned about calling them and giving them the opportunity to meet. If the employees are off on pregnancy FMLA, and do not have serious health conditions, they should be able to come in or participate by phone, without too much hardship. (If the employee was out on a serious health condition, doing something else might be appropriate, but in this case, the employee should be able to participate, at a minimum, they should have the opportunity).

Otherwise, the employees on FMLA have not had the same opportunity to discuss whatever will be discussed. And they will believe that they were out of sight, out of mind, and laid off because of it. If there are communications going to the employees at work about the lay off and changes, you also might want to give the employees on FMLA a heads up.

Or, you could change plans and have the managers not meet with anyone before making the decisions.

FMLA & Reduction in Workforce

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