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Home » Absence Management » Do You Have to Retain An Employee if You Uncover Poor Performance During FMLA Leave?

Do You Have to Retain An Employee if You Uncover Poor Performance During FMLA Leave?

By Lori Welty, Compliance Attorney and Marti Cardi, Chief Compliance Officer

We’ve all heard stories of an employee going on leave, only to have a co-worker find a hidden pile of work with long-expired deadlines.  Many employers – and employees – are under the assumption that employees on leave are insulated from adverse employment actions during leave, or that somehow information obtained during leave can’t be used against employees.   Simply because information is discovered during a period of leave does not prevent the employer from acting on the situation.  So under what circumstances can an employer take action? Read more. 


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