When FMLA Leave Ends: Handling Tricky Return-to-Work Issues

Duration: 60 minutes

It’s dicey when employees come back from FMLA leave. The law says companies must offer “the same or equivalent position” when employees return to their job. In reality, companies sometimes need to make changes that affect the employee’s “protected” job. That’s where the trouble starts. This program will give you the legal guidance you need to protect worker rights and your organization. (more details below)

* Approved for 1.0 recertification credit hour through HRCI & SHRM.


WHY ATTEND

What if, after the FMLA leave, the department was restructured, and the returning employee is now assigned to an “equivalent” job that’s perceived as lower status? What if, after FMLA leave, an employee is moved to a shift he or she finds inconvenient or now must report to a boss they dislike? Could such employees argue that these changes constitute retaliation – as in, “I went on leave, so you’re punishing me”?

Even worse: What if you discovered while the person was out on leave that he had been downright incompetent? Could you fire him for mistakes you uncovered while he was out on leave? Or would that be inviting a lawsuit?

These are just a few of the tricky questions that arise when employees return from FMLA leave. In this conference, employment law attorney Linda Hollinshead will walk you through exactly how to wade through these murky issues.

LEARNING OBJECTIVES

In this information-packed 60-minute program you’ll learn:

  • What factors determine whether a position is “equivalent”
  • Risks associated with firing employees for performance problems discovered while they are on FMLA leave.
  • How to address performance problems when employees return from FMLA leave
  • Fitness-for-duty tests that protect the company and the employee
  • Best practices for avoiding return-to-work problems by documenting performance and conduct issues BEFORE employees take leave

                                                                                                ABOUT THE SPEAKER

                                                                                                Linda Hollinshead, Esq., is an employment law attorney at Duane Morris, LLP. She trains and counsels employees on FMLA compliance, medical and religious accommodations, leaves of absence policies, harassment and discrimination prevention, responding to harassment and discrimination claims, business diversity, termination of employees, hiring practices, performance appraisals and performance management. She also conducts employee complaint investigations and assists clients in drafting employee policies and handbooks, confidentiality and non-compete agreements, employment agreements, termination and severance agreements as well as independent contractor agreements.

                                                                                                Certification

                                                                                                This program has been approved for 1.0 recertification credit hour(s) through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

                                                                                                What You Get With Each Option

                                                                                                Live Recording

                                                                                                Live Only

                                                                                                Participation in the live upcoming webinar

                                                                                                Recording

                                                                                                Recording Only

                                                                                                Full MP4 recording of webinar, including Q&A (digital download).

                                                                                                Live and Recording

                                                                                                Live + Recording

                                                                                                Participation in the live webinar + Full MP4 Recording (digital download).

                                                                                                Event Package

                                                                                                Event Value Pack

                                                                                                Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. (digital download)

                                                                                                What You Get With Each Option close

                                                                                                Live Recording

                                                                                                Live Only

                                                                                                Participation in the live upcoming webinar

                                                                                                Recording

                                                                                                Recording Only

                                                                                                Full MP4 recording of webinar, including Q&A (digital download).

                                                                                                Live and Recording

                                                                                                Live + Recording

                                                                                                Participation in the live webinar + Full MP4 Recording (digital download).

                                                                                                Event Package

                                                                                                Event Value Pack

                                                                                                Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. (digital download)

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