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FMLA or Not, Performance Still Matters: This Case Shows Why

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p; When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays o

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. TL;DR: A senior account manager took eight and a half days of paid time off to care for a seriously ill daughter and then her mother. She later claimed the company interfered with and retaliated against her Family and Medical Leave Act (FMLA) rights. The Second Circuit affirmed summary judgment for the employer because performance issues were documented before the leave, every leave request was approved, and there was no proof that criticism or the termination decision

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