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Back to Basics: The FMLA Doesn’t Protect Poor Performance

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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

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See also  When an employee says “I need to get home,” you may already be in FMLA territory

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