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p; When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of leave, it is on solid legal grou
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. TL;DR: A federal appeals court affirmed summary judgment for the employer on an employee’s Family and Medical Leave Act (FMLA) interference and retaliation claims. The court held that the company would have fired him for safety violations regardless of his FMLA leave, which