fmla
General Business

Ask the Experts: Reviews, FMLA Return & Discipline

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

What is a 30-60-90 day review?

The 30-60-90 day review is a structured check-in process designed to support new employees during their first 90 days.

The review typically has three stages, which may look something like this:

  • Days 1–30: The manager begins onboarding the employee by introducing them to their job responsibilities and starting essential training. At the 30-day mark, the manager evaluates whether the employee can complete basic tasks on their own, providing guidance and feedback as needed.
  • Days 31–60: The employee begins handling more responsibilities and develops greater confidence and autonomy in their role. At the 60-day mark, the manager assesses whether the employee is able to perform most of their tasks with minimal guidance, working with the employee to formulate and execute a plan if that isn’t happening.
  • Days 61–90: The employee works toward becoming a full contributor to the team. At the end of this period, the manager reviews whether the employee is working independently and has a clear understanding of their role. If the employee is not meeting expectations, the manager may consider implementing a performance improvement plan.

One of our employees is returning from FMLA next month. Is it okay for their manager to contact them before they return?

Yes. Employer-initiated contact during a protected leave is permissible, but it should be minimal and limited to necessary updates (like relocation of the workplace or a change in operating hours), confirmation of return dates, or expressions of goodwill. Occasional, thoughtful contact can help maintain a positive connection with the employee, so long as the tone and frequency remain appropriate. But too much communication during this time, even if well meaning, may seem like the manager is infringing on the employee’s protected time away from work.

Hopefully, it goes without saying that the employee shouldn’t be asked to perform any work while on leave. The manager should wait until the employee has returned before scheduling any formal meetings or engaging in any work-related discussions.

Who should be responsible for delivering a disciplinary action in response to performance or attendance issues?

In general, disciplinary actions should be delivered by the employee’s manager. It’s the manager’s job to define what success looks like in the role, set performance and attendance expectations, monitor the employee’s work, offer guidance, coaching, and feedback, and administer discipline when needed. Employees also tend to respond better when the person disciplining them is familiar with the work they do.

One exception is when HR has conducted an investigation related to harassment, theft, or another serious issue – in those situations, it generally makes the most sense for HR to also deliver its findings and any associated discipline.

HR Professionals from NJBIA assist clients with their HR questions and issues every day. Need help from our HR Pros? njbia.org/help

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