Disability Termination

[Robert123]

If an employee is on temporary disability, and you are down sizing, and eliminating that person's position from your company, are there any laws that will be broken by doing this?

Business is in California

 

[Beth3]

Nope, as long as the employer isn't taking any action they would have taken if the employee had been actively at work (i.e included in the RIF because of seniority, job performance, job elimination, or some other legitimate reason that has nothing to do with the employee's FMLA status.)

 

[Robert123]

Re: Beth3's reply

Thank you, Beth, for your reply!

Could you please explain what RIF stands for, and is there a case or law that you base your answer from?
Robert
PS
Are you an attorney?
[/B]

Nope, as long as the employer isn't taking any action they would have taken if the employee had been actively at work (i.e included in the RIF because of seniority, job performance, job elimination, or some other legitimate reason that has nothing to do with the employee's FMLA status.)

 

[cbg]

RIF means Reduction in Force - i.e. downsizing.

The FMLA statute clearly states that an employee on FMLA is not protected from any action that would have been taken regardless of their FMLA status. It's written right into the law - case law is not needed to prove the point.

I am not an attorney, but I am an HR professional of over 25 years experience who has been working with FMLA ever since it was signed into law well over ten years ago.

 

[Robert123]

Rif

Hello Beth,
Thank you for getting back to us so quickly! I appreciate all of you help, and great information.

Take care.
Robert

 

[cbg]

Well, actually, it was me, not Beth, that provided the second post, but Beth's answer would have been the same. In all respects.

 

[HomeGuru]

yes, Beth3 and cbg rock on this forum.