FMLA and disciplinary action

MS HR · February 2003

If I had an employee on FMLA who went out and robbed a bank, can i terminate that employee or does FMLA protect his status until he returns at the end of the 12 weeks?

Peyton Irby MS · February 2003

an employee on FMLA is subject to the same discipline as if he/she were at work. example: an employee on FMLA would have have been laid off (RIF) if she had been at work. she is subject to the RIF.

Don D · February 2003

MS HR: Just as is the case with someone out on workers' comp, the person out on FMLA has no protection from consequences for breaking your company policies or expectations. So yes, if you would have fired the person had it not been for the FMLA event, you may do so anyway. I once had a manager who sensed that he was going to be terminated. Our investigation of his performance had ensued already. He then got some surgery scheduled, thinking FMLA would protect him from the consequences for his behavior. It didn't. I got a letter from his wife, in Atlanta, who proclaimed, "I work in Human Resources and I know you cannot fire my husband because we had him out on FMLA." Both of them were wrong. Be sure your documentation is solid. He will claim you fired him in retaliation for having taken FMLA. You will have to prove you did not, and only good documentation and following policies will save your bacon.

MS HR · February 2003

thank you, Don. You make sense.

FMLA and disciplinary action

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