FMLA doesn’t prevent firing for poor performance — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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FMLA doesn’t prevent firing for poor performance

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in FMLA Guidelines,Human Resources

Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Recent case: Donna was an executive secretary for the state Horse Racing Commission. When she told her boss she was having health issues, he suggested she look into taking FMLA leave. Donna’s doctor provided a certification listing two health conditions that were covered by the FMLA. Around the same time, Donna was terminated, allegedly for poor work.

Donna sued, alleging she had been fired for requesting FMLA leave. The court didn’t buy her argument. The state had evidence of Donna’s poor performance. She had no evidence that her discharge was connected to her FMLA request. (Becknauld v. Commonwealth of Pennsylvania, No. 678 C.D. 2016, Commonwealth Court, 2017)

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