Poor performance does not impact an employee’s right to take FMLA leave.
Sometimes an employee does not know counseling is coming, but the timing of a leave request is unfortunate. And sometimes a diagnosis appears to be in response to discipline or a bad performance evaluation. Leave requests also may appear to be excuses to avoid the bad or hard parts of the job, particularly where they have a suspicious pattern. This video reviews what an employer should do if an employee first requests leave or an accommodation in response to counseling; as well as provides examples of hypothetical situations to help know what to do if faced with a similar situation.
Agenda
Faculty
Salomon Laguerre
Seyfarth Shaw
- Associate in the Atlanta office of Seyfarth Shaw
- Represents and counsels employers on a wide range of employment related issues, including discrimination, leave, wage and hour, and restrictive covenants
- Conducts regular seminars on issues concerning employee leave under the FMLA and the ADA
- Written several articles on discrimination and leave issues
- J.D. degree, magna cum laude, Florida State University; B.A. degree, cum laude, University of South Florida
- Can be contacted at 404-881-5439 or [email protected]
Louisa Johnson
Seyfarth Shaw
- Partner in the Atlanta office of Seyfarth Shaw
- Practice focuses on defending litigation and agency investigations as well as counseling and advising employers across a wide array of industries with respect to wage-hour, leave, and discrimination laws
- Conducts regular seminars and workshops on numerous issues concerning leave laws and wage-hour laws
- Written a number of articles on wage-hour and leave law issues
- Member of the ABA and Georgia Bar, L&E Section
- Listed as Up & Coming in Labor & Employment by Chambers USA and as a Rising Star by Georgia Super Lawyers
- J.D. degree, University of Virginia; B.A. degree, with honors, University of Virginia
- Can be contacted at 404-888-1023 or [email protected]
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