Legal Question in Medical Leave in Texas

FMLA, poor performance, unethical behavior

Information has surfaced of unethical behavior by an employee who is currently on FMLA. There are also poor performance issues that have not been addressed.

Can any discussions about the unethical behavior and poor performance be discussed with the employee while on FMLA, or does it have to wait until their return?

Asked on 8/06/08, 11:25 am

1 Answer from Attorneys

Roger Evans Mathis & Donheiser

Re: FMLA, poor performance, unethical behavior

You can certainly discuss those issues with the employee. Be sensitive to the reason he or she is on leave, and you should probably withold any disciplinary action or related decision until the end of leave, but the employee is still your employee.

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Answered on 8/07/08, 3:44 pm

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