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When Performance Issues and Protected Leave Collide: How To Discipline or Terminate Without Triggering Lawsuits - On-Demand

When Performance Issues and Protected Leave Collide - On-Demand

Product Code: YEWA121517D

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When Performance Issues and Protected Leave Collide:
How To Discipline or Terminate Without Triggering Lawsuits - On-Demand

Presented on: Friday, December 15, 2017

Available ON-DEMAND

Learn how to manage the legally tricky intersection of performance issues and protected leave.


As a stand-up employer, you would never dream of discriminating or retaliating against an employee who exercises his or her protected leave rights. But what happens when a legitimate performance issue arises either during or soon after the leave? Consider the following: 

  • You just discovered that your bookkeeper has left your company records in shambles. You learned this only because she’s been out on maternity leave for six weeks. Can you fire her? 
  • A client manager has been out on ADA-protected leave for six months and the client wants to make a permanent switch to the interim client manager. Can you move the person on leave to a different but comparable post in another part of the country? 
  • Your custodian, who was injured on the job, has been working light duty for a year. She’s now ready to return to her old job with no restrictions, but her replacement is doing that job twice as fast (and, frankly, more thoroughly) than the old custodian ever did, even pre-injury. Can you keep the custodian in the light-duty job if the hours and pay are the same? 

Learn more with this on-demand webinar with an experienced employment attorney who will provide valuable insight on how to handle tricky situations like these—without exposing yourself to unnecessary legal risks. 

Plus, you’ll learn: 

  • When leave is “protected” under the ADA, FMLA, workers’ comp or sick leave laws—and when it isn’t 
  • How to document employee performance as a safeguard 
  • Tips on how to communicate with employees on protected leave, so you can keep your organization out of legal trouble 
  • When and how you can discipline an employee who just returned from protected leave 
  • When and if it is appropriate and legal to fire an employee during a protected leave 
  • How to go about disciplining employees out on workers’ compensation, FMLA, or ADA leave 
  • Recordkeeping pitfalls to avoid with respect to workers on protected leave 
  • How to protect your organization by clearly communicating your policies and expectations 
  • And much more! 


About Your Presenter

Amelia Holstrom, Esq.Amelia Holstrom, Esq. 
Skoler, Abbott, & Presser PC 

Amelia J. Holstrom is an associate at Skoler, Abbott, & Presser, P.C., in the Springfield, Massachusetts office. Ms. Holstrom joined the firm in 2012 after serving as a judicial law clerk to the judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation. Her practice is focused in labor law and employment litigation. Since joining the firm in 2012, she has assisted clients in remaining union-free; represented clients at arbitrations; and defended employers against claims of discrimination, retaliation, harassment, and wrongful termination claims, as well as actions arising under the Family Medical Leave Act and wage & hour law. Additionally, Ms. Holstrom frequently provides counsel to management regarding litigation avoidance strategies. She is a frequent contributor to business and human resource publications and a contributing author to the Massachusetts Employment Law Letter

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