Reasons To Layoff An Employee

Layoff Information for Employees. Reason for the layoff. In this sample letter of termination, the human resource director makes it clear that the layoff is tied directly to economic conditions. In a layoff, a good person is being let go because of restructure or a situation which they had nothing to do with. , but it doesn’t make it easier for laid-off workers, the remaining workforce or employers to cope. the employee remain positive about the university to ease the transition. No, I’m referring to those altogether avoidable things that you have no business doing—unless you don’t care about getting let go. Bank Profits Hit A Five-Year High Amid Huge Layoffs, Pay Cuts But Morgan Stanley's CEO James Gorman says employees shouldn't be complaining about pay and bonus cuts, even as the banks By Jillian Berman. Imagine that you are an office manager and you have been tasked with the job of coordinating and heading the dismissal meeting for an employee layoff. Each year, about 14% of layoffs occur from all industries in the U. A layoff can be a difficult situation. If office or plant automation makes it possible to maintain production levels with fewer employees, the result may be employee layoffs. Keep the explanation short but also show compassion by being accurate pointing out the strengths of the employee, especially if the company had to let go for financial reasons. An Examination of Employee Layoffs and Organizational Justice Perceptions Jayme Sobieralski (Todd) Agrium, Inc. Employers lay off employees for a variety of different reasons and laws in many states enable companies to lay off employees at any time as long as the stated reason of the layoff does not contravene state or federal law. more Termination of Employment. Even if letting go of the employee (or. depressed, stressed and fatigued. A furlough is a short-term layoff, usually due to seasonal work or temporary problems, but employees eventually return to work. In many cases, the announcements are made so quickly that managers and employees never see them coming. In order to achieve the set goals for which layoff are being done its important that leaders take into consideration the impact of it on employees and try to make it look fair Blog: Role of a leader during organizational layoffs — People Matters. For this reason, the employer should always present the salary reduction to employees as permanent. Employee Termination Procedures & Policies Filed under Office & HR. The calculation of Layoff Seniority is determined by the bargaining rules and is based on a number of factors, including union code, full-/part-time service, standard work hours versus hours employee actually worked, action/reason combinations in Job Data and time reporting codes used on the Timesheet. If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. The test is whether the employee would have been selected for layoff if he or she was not out of work on disability. Employers lay off employees for a variety of different reasons and laws in many states enable companies to lay off employees at any time as long as the stated reason of the layoff does not contravene state or federal law. The plan should include a list of the business reasons for a layoff. A majority of employees in the United States are "at will" employees. Remaining employees reported low morale and frustration that the company knew about the layoffs for months, but didn't invoke a hiring freeze or cut back on expenses like free lunches. The company announced the layoff of several hundred employees. Move on to other duties. If the layoff is rescinded, the employee will regain the ability to elect to move to an Academic Staff title under Employee Choice. At the end of a contract for a fixed term or if the employee has completed the task for which he had been hired, the employer is not required to give this notice. For the purposes of the WARN Act a mass layoff is defined as a reduction in force that is (1) not the result of a plant closing, but (2) leads to an employment loss at the employment site of 500 or more employees during a 30 day period, or a loss of 50-499 employees if they make up at least 33% of the employer's active workforce. Policy: When it becomes necessary to reduce staff through layoffs, reductions will be made in view of the needs of the unit. The termination date, should the layoff reach this. A notice example is usually submitted for approval by higher management first before they issue a final one and serve the same to the affected employee. The employees were given terms of the voluntary retirement plan about two weeks ago, with the lender citing digitisation as the major reason for the job cuts. You need to help your company navigate this difficult turn of events with as few long-term repercussions as possible. Imagine an employer with a single production facility with 1,000 employees that announced a temporary 5-month layoff for 400 of its employees on Day 1. The former is usually the result of a failing company strategy or economic forces beyond the control of any one employee. If possible, meet with your employees individually. The recent AT&T layoffs, in my opinion, is a lazy management answer to changes in business. Be consistent after the fact. The gourmet coffee in the break room is now a lesser brand, and the Friday bagels are gone. The employer can give the individual and group termination in the same document and at the same time if the notice meets the time required for both individual and group termination. In this sample letter of termination, the human resource director makes it clear that the layoff is tied directly to economic conditions. Equally important, they will leave with a more positive impression of their employer, and more focused on the real task at hand–gaining new employment. I need help writing a memo to the company that an employee has been let go. 18,000 eligible workers have until Nov. Administrators, staff, and faculty involved in notifying affected employees of a layoff are expected to exercise sensitivity in the notification meeting and afford the employee appropriate respect and dignity during the transition period. However, it doesn’t have to be fraught with embarrassment. All businesses go through slowdowns. In an organizational setting, any process, technological advancement, systems, or product change will include streamlining, working smarter, cost reduction, efficiency, faster turn around times. Some sample layoff letters are also given below that will help you in customizing your own layoff letter according to your own needs. In most circumstances, unless you have a specific notification period in your employee policies, you don't need to give an employee any notice of termination or layoff. For example, if a layoff rids a company of most of its female employees or all of its workers over the age of 60, that could well be illegal discrimination. For example, you are entitled to receive your final paycheck, compensating you for all of your hours worked, in fairly short order after a layoff. A lot of times, a layoff is not due to an employee's fault. A best practice in this case would be to include the employee in a group or to eliminate their entire department. It is illegal to lay off any employee for discriminatory reasons. Indeed, there are countless ways to lay off employees, whether it be the Monday morning mass email, or the ominous all-staff meeting run by Human Resources. Reasons for Being Laid Off. HR Hero Free White Paper: 5 Alternatives to a RIF. Unemployment Compensation benefits are intended for those who find themselves out of work through no fault of their own, and not for those who quit their jobs for reasons of. Provisional, temporary & emergency employees must shall be terminated prior to layoff of permanent or probationary employees in same class, employment condition & geographic area. Permanent employees faced with a layoff shall have "bumping rights" to be applied as follows: 1. depressed, stressed and fatigued. If you botch a layoff, that makes things 100 times worse because now the public has a reason to not give you their time of day and your ex-employee, the one that you threw out the door, can possibly be at the helm of all of this chaos. 05 cannot be given. Announcement of employee termination — what to tell staff. Identify "at-risk" employees in the Office of State Employment Relations' Employee Referral Service (WISCERS). For example, you are entitled to receive your final paycheck, compensating you for all of your hours worked, in fairly short order after a layoff. The plan should include a list of the business reasons for a layoff. Clues that a Pink Slip May Have Your Name on It -- and What to Do About It. If you do determine that an employee is not a good fit, or that you cannot afford to keep an employee, you will have to. Overview: Terminating any employee can be a difficult process; however, terminating or laying off a union employee may prove even more difficult. Firing definition: A fired employee is let go because of cause, such as misconduct or poor performance. If the reason for the layoff is economic, employees will usually experience immediate employment termination. The employee retains his employment relationship for the duration of his layoff and the contractual relationship is maintained. Don’t leave it to a potential jury to fill in the blanks. (EYT) – A disgruntled former employee questioned the Clarion County Commissioners about his layoff at the end of a scheduled work session Tuesday morning. GM offered buyouts to 17,700 employees. Layoffs can take a toll not only on affected workers, but also on the employees who remain employed. Keep in mind, however, that an employee could avoid a loss of pay by choosing to substitute accrued paid leave, such as vacation, for unpaid FMLA leave. The client had paid GT $1M in fees (back in 2000) and was ordered to pay $18M to the IRS. Thank the employee for his service and state specific examples of his outstanding job performance to show the employee his work was appreciated. Once your legal and HR department are on the same page with regards to transparency, let your HR leadership team take the lead with individual layoffs. With compassion, small efforts go a long way and help to minimize disgruntled former employees and bad mojo for your brand. A chorus of employees complains this summer's layoffs, which cost more than 1,100 people their job, undermined Intel's culture. Have other employees been given more chances before being terminated for the same or similar reasons as this employee? If so, are there legitimate, non-discriminatory reasons for treating this employee differently than other employees? Pregnancy Is the employee pregnant? Employees are entitled to four months off for pregnancy-. A minimum notice of one pay period shall be given to an employee prior to layoff. It is also important for the layoffs to appear fair, just, and nondiscriminatory in the eyes of the employees whom you retain following a layoff situation. Prior to written notification, the manager meets with the employee to explain the circumstances of the layoff and answer any questions the employee may have. Provisional, temporary & emergency employees must shall be terminated prior to layoff of permanent or probationary employees in same class, employment condition & geographic area. The employee is given layoff list rights to classes in which he or she held permanent status and lower classes in applicable series, excluding any prior state service before any break in service. loss of grant funding, reorganization, cut in state funding, need to reallocate funds or other factors. Agenda includes, but is not limited to: Review the events leading up to the decision to initiate the involuntary layoff. Some will show only select departments or specific job titles, which don’t give the whole picture. Not every layoff conversation will be the same. Layoffs may also impact the company’s productivity as business improves. It’s also important to not make the layoff personal. The layoff email must be very clear with regards to the reason for termination of services. The company is supposed to attach to a layoff notice a list of other employees included and excluded from the layoff, along with their ages. The Role of the Performance Appraisal in Discipline Besides the written rules, each individual job analysis should have rules and policies that apply to that specific job. You should try to speak to the employee as soon as practical once the performance issue has come to your attention. Pull employee reports including your employee benefits report if available to aid in the discussion of potential liabilities the layoff could create for your organization. Under both, if a layoff that was supposed to be for less than 6 months extends beyond 6 months, it's an "employment loss" that triggers the notice requirement. See a full, updated list on the layoffs. If the layoff is rescinded, the employee will regain the ability to elect to move to an Academic Staff title under Employee Choice. Employee Termination Procedures & Policies Filed under Office & HR. If they have your resignation and then have a layoff I suspect they would not include you in the layoff as no benefit to the company that I can think of. Employee redundancy, bankruptcy, and downsizing implementation are among the top-most reasons why employers issue layoff notices among their staff members or laborers. Generally speaking, there are only two situations when an employer is legally required to offer severance pay. Don't just single out the person with disability. The following are five reasons why listening to your employees is essential to your business. Keep the explanation short but also show compassion by being accurate pointing out the strengths of the employee, especially if the company had to let go for financial reasons. Most employees will remember the moment of termination forever, and I. To ensure that administrative and support staff are not subjected to arbitrary or discriminatory practices in the termination of their employment, all cases involving a layoff, release or discharge must be discussed with Employee and Labor Relations or CUMC HR prior to the department's notification to the employee. A termination, on the other hand, is basically when an employee is fired. Let us first define what a layoff is. If you can provide examples, bring a list of reasons. Layoffs are possible if not enough workers volunteer. Provisional, temporary & emergency employees must shall be terminated prior to layoff of permanent or probationary employees in same class, employment condition & geographic area. The following information is intended only as a brief overview of Wisconsin's Business Closing and Mass Layoff Law and is not intended as an official statement of interpretation of the law. Firing an employee is a tough decision for any business owner. A furlough differs from a normal layoff in that employees continue to work on a fairly regular basis, with employers scheduling them to have certain days off. units for layoff purposes, the Order of Layoff for the proper units, placing laid off employees on the proper layoff lists, and otherwise monitoring laid off employees for proper treatment. Get Them On Their Way—Don’t let employees linger; give them a timeframe for vacating; Letting go of an employee is never easy, but hopefully these tips helped you decide if it’s truly time to say goodbye and start hiring someone new. These reasons, accordingly, must be based on valid criteria made known among employees. MACC to close residential treatment center, layoff 13 employees The mental and behavioral health organization will shutdown its Foundations Recovery Center —which currently houses six patients. Employee benefits include sick and vacation leave, insurance, access to overtime as well as overtime pay, and retirement programs. While this meeting is strongly recommended for non-union employees, it is required for bargaining unit employees. the employee remain positive about the university to ease the transition. Notifying employees of their layoff or termination is considered to be one of the most difficult tasks in business. txt) or view presentation slides online. If office or plant automation makes it possible to maintain production levels with fewer employees, the result may be employee layoffs. The Five Biggest Mistakes Employers Make When Laying Off Employees Sunday, January 31, 2010 The economic downturn is hitting companies hard and management is making tough decision in an effort to. , but it doesn't make it easier for laid-off workers, the remaining workforce or employers to cope. Employee is leaving explicitly for reasons of higher pay. For assistance with this task, contact a lawyer who practices employment law. Rebuilding Confidence after Losing So Many in Your Team. Whatever the reason for a layoff, the pressure on the HR function is the same. The plan should also include a description of the (i) new organizational structure after the layoff; (ii) business objectives for the layoff; and (iii) redundant or unnecessary job functions, without identifying the specific employees in the identified positions. The State Personnel Board rules permit layoffs for the following reasons: lack of work, lack of funds, or departmental reorganization. What do you say when you're laying off one of your subordinates? How do you keep. Meet with your employees face-to-face when laying them off. Try to come prepared with some answers to questions that your employees may have. transfer only if the employee lacks qualifications required of the position. Can an employee be laid off for medical reasons? We work at constructions sites, and a specific employee has now had his 2nd seizure. In this series, CNET News is telling the stories of many of the people on the receiving end of the hits recently sustained by the tech industry. The automaker is expected to make roughly 4,000 involuntary job cuts. • Was the layoff consistent with the company’s culture? • Did the company provide ample advance notice? • In implementing the layoff, how well did the company attend to details? • Did management provide a clear and adequate explanation of the reasons for the layoffs? • Were cutbacks shared at the higher managerial levels?. the effective date of layoff. is called a plant closing c. -based companies trying to downsize outside the States. Unless you are covered by a bargaining agreement or employment contract, you're likely an at-will employee. Notifying Affected Employees of Layoff Employees are to be notified of layoff as soon as practicable. In Maine, for example, an employer may not intimidate an employee by threatening to take away health insurance coverage and in North Dakota, an employer cannot layoff, penalize, coerce, or dock the pay of an employee because of jury duty service. Consider this scenario: the employee had the offer in hand prior to his review, but didn't give notice until AFTER being paid his bonus, because he had good reason to believe that the Company would stiff him on his bonus. after layoff notifications. #4 Reasons Why Redeployment is an. General Laws and relevant cases. In developing the layoff plan, ask yourself: Will the reduction include employees from all divisions or segments of the company, or will it focus only on those areas of the company that are underperforming?. Employers lay off employees for a variety of different reasons and laws in many states enable companies to lay off employees at any time as long as the stated reason of the layoff does not contravene state or federal law. A layoff of 250 full-time employees, regardless of what percentage of the workforce that is, also triggers the 60 days notice under the Illinois WARN. In order to achieve the set goals for which layoff are being done its important that leaders take into consideration the impact of it on employees and try to make it look fair Blog: Role of a leader during organizational layoffs — People Matters. An employer who wants to reduce its workforce must not make its employment decision based on impermissible grounds. This is a difficult time and the following is a summary how the layoff may impact you. It could be because you are just overstaffed. According to the December, 2016 Job Opening and Labour Turnover release by the US Department of Labour Bureau of Labour Statistics, separation occurs when there is a resignation, layoff or others (retirement, transfers etc). The employee's layoff options as determined by WAC 357-46-035, including any requirement for the employee to serve a transition review period. Scribd is the world's largest social reading and publishing site. For this reason, the employer should always present the salary reduction to employees as permanent. When an employer begins laying off staff, they usually end up doing more layoffs later. For bargaining unit employees, the union. Layoffs are usually carried out for one of three reasons. 321(B), (C), and (D). Many companies use a Last in First Out rule to determine who gets laid off if there are more than one position holder. remaining employees suffering from survivor's anxiety…. An Appointing Authority may layoff an employee by reason of abolition of the position, shortage of work or funds, or other reasons outside the employee's control, not reflecting discredit on the service of the employee. Not to be used if employee received layoff notice (use Layoff reason). The law covers layoffs of 50 or more employees at a single worksite during a 30-day period, as well as general layoffs depending on the number of people and the percentage of the employer's. Being vague can cause the employee to question what she did wrong, thereby lowering her self-esteem and opening the door to an uncomfortable negotiation. If possible, meet with your employees individually. Clues that a Pink Slip May Have Your Name on It -- and What to Do About It. For communicators and executives who work on a message announcing layoffs in 2015, keep these seven tips and best practices in mind. Thousands of employees will be laid off, with the cuts falling largely on Microsoft’s sales force. Terminating Employees on FMLA Leave. What this means is that you can fire these employees at any time and for any reason, so long as the reason is not discriminatory, retaliatory or otherwise illegal. But if your message is intended for all employees in general, you can address your letter as "To all employees". Viacom has started another round of staff layoffs as part of its ongoing cost-cutting effort, TheWrap has learned. We ask you all to help see production of June's issue through to press according to the existing schedule, with May 15 as your last work day. There may be some key employees with valuable institutional knowledge who you’d like to stay on for a transitional period. The plan should include a list of the business reasons for a layoff. This is one of the most popular methodologies in choosing which employees to layoff. The former is usually the result of a failing company strategy or economic forces beyond the control of any one employee. An active and committed employee base, is one of the benefits of listening to your employees. When consultants’ recommendations are implemented, employees often argue that the actions are not beneficial and don’t reflect day-to-day business realities. By keeping members working, or on layoffs for short time periods, members have a better chance to maintain their health insurance. The notice of layoff shall be delivered to the employee(s) in person or to the employee’s last known address via a delivery method that allows for delivery confirmation. When it comes to keeping good employees, some industries have a better handle on things than others. If you do determine that an employee is not a good fit, or that you cannot afford to keep an employee, you will have to. However, a properly conducted termination meeting which preserves the employee's dignity can help defuse even the tensest of situations. Be Transparent – Be honest and upfront with your workforce about the reason for layoffs. For information about employee termination, contact your employee relations and labor relations specialists. If you can provide examples, bring a list of reasons. Provisional, temporary & emergency employees must shall be terminated prior to layoff of permanent or probationary employees in same class, employment condition & geographic area. You'll also likely have to document the specific reasons for the layoff, and when the employee returns, complete even more paperwork addressing how the employee can improve his job performance. Where circumstances permit, Staff employees and out-of-unit Administration employees should be given notice of layoff 30 calendar days prior to the proposed effective date. The test is whether the employee would have been selected for layoff if he or she was not out of work on disability. Definition of Layoff. With a little luck, you might be pleasantly surprised at your companys generosity and realize theres no reason to panic. In developing the layoff plan, ask yourself: Will the reduction include employees from all divisions or segments of the company, or will it focus only on those areas of the company that are underperforming?. Affected employees will be provided written notification prepared by the Office of Human Resources at least 30 calendar days in advance of a layoff. initial group of layoffs. Last December, as the recession was beginning to deepen, Littler published an Insight, Furloughs and Reduced Hours: Cost-Cutting Strategies Other Than Layoffs, discussing several alternatives to layoffs, particularly mandatory furloughs of exempt employees, mandatory use of vacation/PTO during furloughs, and reduced workweeks, based on the limited legal precedent available at that time on. Give proper notice. If the individual is working but you reduced their hours, they may be eligible for benefits. Identify and Document Objective Criteria for the Layoffs and Select Neutral, Unbiased Decision Makers. The 98 employees are being let go for "economic" reasons and their final day will be between May 29 and Sept Goldman Sachs to layoff 98 bank employees in New York Home. Example: An employer does not recall an employee for work because she is on maternity leave. 🔍 If you have an exceptionally productive employee in your organization, it's crucial to recognize the massive value they're bringing to the table. For layoffs that are due to reduction or termination of funds, the period of notice of layoff. There are many reasons companies conduct layoffs through a reduction in force (RIF) program. During the Pre-Termination Conference, give the employee an opportunity to respond to the reasons for termination, and. above, within one year prior to a layoff, the employee is entitled to recall/rehire rights at a percentage of time equal to that from which the employee. Whether you use the term layoff, downsizing, or RIF, the result is the same; you lost your job and were involuntarily separated. Laid off employees typically do not continue to receive benefits, such as vacation days and health insurance. Here are a few example layoff letters that you might want to look at before you craft your own letter announcing a layoff. Why the Latest Layoffs Are Devastating to Democracy Digital media has always been a turbulent business, but last week’s layoffs suggest a reason for panic. For example, an employer may elect to furlough a non-exempt employee by asking or requiring him to take off every other Friday without pay. During layoff, employees are eligible for certain benefits as per this policy. A furlough is a short-term layoff, usually due to seasonal work or temporary problems, but employees eventually return to work. The act of suspending or dismissing an employee, as for lack of work or because of corporate reorganization. The Art of the Layoff. Even though employers don’t need a good reason to fire an at-will employee, they are prohibited from firing employees for unlawful reasons. When consultants’ recommendations are implemented, employees often argue that the actions are not beneficial and don’t reflect day-to-day business realities. Customize the content according to the information you want to convey. After the Layoff The period after the layoff is also critical. Layoff "Layoff" is the termination of a staff member's employment because of funding loss or a budget or program decision either prior to the end of the appointment or when proper notice of nonrenewal under ASPP 3. A laid off employee may, however, be entitled to receive unemployment insurance benefits when he or she has been. Lay Off Because of Health Reasons? I been working with this company for two years, and i was lay off because they are trying to cut cost. The recent AT&T layoffs, in my opinion, is a lazy management answer to changes in business. How to Structure an Employee Severance Package Regarding COBRA and the ACA September 10, 2014 | By Obermayer Often, when parting ways with an employee, an employer may offer to pay for some months of COBRA continuation coverage so that the employee can remain covered without having to pay the substantial premiums associated with COBRA. Employment at will means that an employee can be terminated at any time without any reason and without notice. This might include warning the employee or other forms of progressive discipline prior to laying him off. What do you say when you're laying off one of your subordinates? How do you keep. However, if an employee is separated for reasons other than lack of work, the agency still has the responsibility to investigate and determine if the separation was for disqualifying or non disqualifying reasons. Employer has to pay 50% of the basic wage to the employees during the layoff period Section 25-C of Industrial Disputes Act (IDA) 1947, does not confer the right on employers to layoff workers for whatever reasons they deem fit According to section 25-M of IDA , unless the layoff is due to shortage of power or natural calamity ,no work men can. If you cannot trust your workers, you have little choice but to let them go. If you have to layoff employees, you can use the same steps as just described, you would just have to modify steps 3 and 4 to fit the reason. But for most employees, companies don't need a reason. "Durham employees were told in a company town hall meeting last week that Roivant was making this move from 'a position of strength'—not because of financial reasons. Learn more in The Hartford Business Owner's Playbook. A probationary employee may be terminated during the initial probation period at any time, although it is a courtesy to provide advance notice whenever feasible. Any appeal rights. And for good reason! It helps managers weed out poorly performing employees, so that organizations don’t lose any company assets that they could potentially lose using other methods. No matter how much notice you have before downsizing, I recommend partnering your HR leadership team with your legal department. Identify employees needed for a transitional period. Apart from the emotional aspect, we've provided clear instructions on how to terminate an employee (properly) in the state of New York. Once your legal and HR department are on the same page with regards to transparency, let your HR leadership team take the lead with individual layoffs. Should You Lay Off Workers During Slow Periods? by Harvey Meyer Last Updated: Apr 18, 2014 Laying off employees during slow periods, whether it's due to seasonal fluctuations or an economic downturn, is an easy way for businesses to cut expenses. (Editor’s Note: Jim Weinstein, CEO of Dartmouth-Hitchcock , sent the following email to employees on Sept. Layoff of a regular employee may be necessary because of the following: Lack of work, Lack of funds to continue the position, or Other reasons leading to a reduction in force. Beyond the emotional challenge of letting employees go, there are many legal issues that come in to play. USA/MTA Employees ONLY INFORMATION THAT MUST BE SUPPLIED TO THE LABOR RELATIONS OFFICE AT LEAST TWO (2) WEEKS PRIOR TO GIVING NOTICE OF LAYOFF TO EMPLOYEES. Unemployment Through Layoffs: What Are the Underlying Reasons? Summary Unemployment can come about in a number of ways, but the form of unemployment that policymakers have show n they are most concerned about occurs when businesses displace employees. Employers lay off employees for a variety of different reasons and laws in many states enable companies to lay off employees at any time as long as the stated reason of the layoff does not contravene state or federal law. An Examination of Employee Layoffs and Organizational Justice Perceptions Jayme Sobieralski (Todd) Agrium, Inc. However, employers can minimize the risk of post-layoff employment lawsuits by proactively creating and implementing a self-audit checklist. GM plans to start involuntary layoffs on Monday ahead of its earnings report Wednesday. The Mass Layoff Statistics (MLS) program collects reports on mass layoff actions that result in workers being separated from their jobs. Unfortunately, in the eyes of many people, being laid off is the same as being fired. Resources The following are some of the most frequently referenced sites that contain information that employees may find useful in transitioning out of the University. Keep in mind, however, that an employee could avoid a loss of pay by choosing to substitute accrued paid leave, such as vacation, for unpaid FMLA leave. You should try to speak to the employee as soon as practical once the performance issue has come to your attention. Read more about the layoffs