Disciplining employees who can’t meet certain standards because they miss work due to medical leave.

One recent case was brought by a salesperson who took 12 weeks of FMLA when she gave birth.

All salespeople in the company were required to meet a yearly sales quota. The woman didn’t meet hers for that year, so she was placed on a performance improvement plan and then fired.

She sued, claiming she was fired because of her leave, since the quota likely wouldn’t have been a problem for her without missing those three months.

The court agreed. Even when employers don’t fire employees directly because they took FMLA, they can still be held liable if FMLA indirectly played a role in the decision-making.

To stay safe, companies must make sure they don’t take any action that wouldn’t have occurred if an employee had not taken FMLA leave.

Cite: Wojan v. Alcon Laboratories, Inc.