本帖最后由 匿名 于 2025-1-15 08:46 编辑 .1point3acres
好像不用定义为layoff?ChatGPT是这么说的 ..
这就是为啥要敲锣打鼓的让所有人知道这次是performance based cuts的原因吗
Under the Family and Medical Leave Act (FMLA), employees are entitled to job protection during their leave. However, employers are not completely prohibited from terminating employees on FMLA leave, but they must adhere to specific legal guidelines. Here's what you need to know:
Layoffs During FMLA Leave: If a company is conducting a layoff or restructuring for legitimate business reasons, it can include employees on FMLA leave in the layoff. However:
The layoff must be unrelated to the employee’s leave status.
The employer must be able to prove that the termination would have occurred regardless of the FMLA leave (e.g., the employee’s position was eliminated).. 1point3acres.com
Performance- or Misconduct-Based Terminations: Employers can terminate an employee on FMLA leave if the reason for termination is unrelated to their leave. For example:
If the employee violated company policies before or during their leave (e.g., fraud, misconduct).
If performance issues that occurred prior to the leave justify termination.
If there’s evidence that termination was planned before the employee requested FMLA leave. |