01/01/2007
Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision …
01/01/2007
Q. We have an employee returning from FMLA leave. His physician issued a fitness-for-duty certificate, but we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Further, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination? —A.L.