Should performance goals be adjusted when a employee has taken intermittent FMLA?

Total of PFL and intermittent FLMA total equals 30 hours for 2018 so far with more intermittent FLMA time to be reported.

Should employer adjust productivity goal accordingly based on non-productivity hours due to FMLA and PFL?

1 answer  |  asked Oct 20, 2018 05:26 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
FMLA has nothing to do with job performance.

If an employee qualifies for an accommodation under the ADA, which might include adjusting quotas if reasonable and not an undue hardship that's a different matter.

But every employee must perform the essential functions of their job with or without accommodation.

If you asked for FMLA after being notified of performance issues be very concerned.

Seek legal counsel ASAP. Can't tell you how many employees (many) get fired the day after returning from FMLA. And many are completely lawful.

posted by V Jonas Urba  |  Oct 20, 2018 09:39 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA

more Virginia Employment Lawyers