How to Legally Terminate Employees on FMLA Leave

Stop letting employees run the FMLA game — take control of your compliance.

In this 75-minute interactive online training, learn how to:

Make legally smart FMLA decisions.
It’s HR’s most confusing legal obligation, but you can simplify compliance.
Know when to say "enough."
FMLA isn’t an unlimited entitlement. Learn when you can say “no,” and when you can say “goodbye.”
Prevent FMLA misuse and abuse.
It’s nicknamed the “Friday-Monday Leave Act” for very good reason.

It’s possible to discipline, demote, or discharge employees on FMLA leave—but you need to know how.

It may seem like firing employees while they're on FMLA leave — or have just returned from leave — will earn you an instant trip to the courthouse. It won’t end this way if you know exactly how to handle such discipline or terminations.

Too many employees think their FMLA leave makes them untouchable. They’ll threaten to sue if they believe their jobs are at risk. This often leads to employees misusing and abusing their leave. However, their faith in the “FMLA shield” is misplaced. This new webinar will help you spot FMLA abuse and legally terminate the abusers.

On August 2, learn the legally safe steps to discipline or discharge employees who are out on FMLA leave or have recently returned. Save thousands in legal fees — or worse, in legal verdicts.

Agenda for How to Legally Terminate Employees on FMLA Leave

Know your rights (and employees’). Employees on FMLA leave actually don’t have greater protection from discharge IF you can show their leave played no part in your decision.
How to document your case. Learn exactly how to prove that your legitimate, business-based discharge was legal.
How to fire for poor performance. Discover what to do if you learn during an employee’s FMLA leave that he was doing his job poorly — or if a co-worker can do it better.
How to fire if FMLA is exhausted. Learn when you can terminate someone who used up her FMLA leave and isn’t ready to resume her duties. (Hint: It depends on whether they are disabled.)
How to combat FMLA misuse. Go on the offensive against FMLA abusers, and learn how to legally say “enough” and “goodbye.”
How to communicate legally. Discover the smart way to notify employees of your decisions — and to document them internally.

Interactive Q&A time included

Get answers to your specific FMLA compliance questions from a true expert on the issue.

Anniken Davenport is a noted employment law attorney and the editor of the HR Specialist: Employment Law newsletter series. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is the co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.

Anniken Davenport Attorney and author

Professional Certification Credit Hours Included With This Webinar

Business Management Daily is recognized by SHRM to offer Professional Development Credits (PDC) for SHRM-CP® or SHRM-SCP® recertification activities.

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

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Managing FMLA Intermittent Leave

Learn how to successfully manage intermittent leave and curb leave abuse under FMLA regulations. With this white paper, get concrete guidelines for employee eligibility, types of leave, tracking, and more.

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You'll also receive one month of exclusive access to The HR Weekly – our comprehensive service with all the HR advice and compliance tools to simplify your job … and to keep your organization out of court. So that you continue to benefit from The HR Weekly, we will continue your subscription after that for the then current rate, unless you tell us "no, thanks" – your choice.

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