One of the key elements of the FMLA is an employee’s right to return to the same or equivalent position when he or she returns from FMLA leave. This right of reinstatement is subject to very limited exceptions.

However, what should an employer do when the employee’s performance deficiencies are uncovered while the employee is out on FMLA leave, or when it is forced to lay off employees due to economic conditions? In these situations, may the employer take action against the employee despite his or her leave status? This month’s podcast addresses this common issue.

Listen to the April 2010 Franczek Radelet FMLA Insights podcast:

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