Terminations without Consideration: The Fifth of Five Common FMLA Mistakes

Terminating FMLA eligible employees can have destructive consequences if not handled properly. Employers need to be absolutely certain about the minutiae of terminations in these situations. How closely an employer follows FMLA regulationsduring an employee’s leave is also important.

In terminating an FMLA employee without consideration, an employer runs the risk of violating the Americans with Disabilities Act. Many ailments covered by the FMLA are also covered by the ADA. Pay attention to the FMLA approvals you’ve given; you find yourself crossing the line into ADA territory.

Tracking how much FMLA time an employee has used is absolutely vital when a termination is being considered. Without proper tracking, you risk terminating an employee during their FMLA leave period. While doing that is not illegal in itself, an employee may question your motivations and retaliate.

Like the other four common FMLA mistakes, you risk retaliatory action for any of your missteps. BASIC’s FMLA solution makes sure you’re staying on track and considering all of the components of your employee’s FMLA history. Compliance doesn’t have to be difficult, always keep it BASIC.

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