FMLA Does Not Excuse Poor Performance

Earlier in the week, I discussed Tilley v. Kalamazoo, in which an employer took one on the chin for disciplining an employee for not doing his job while on an FMLA leave. That case, however, does not mean that the FMLA excuses prior poor job performance, or that an employer must ignore or excuse an employee’s performance deficiencies once an employee takes FMLA leave. Indeed, as Checa v. Drexel University [pdf] points out, it’s just the opposite.

Debbie Checa, a manager at the Drexel University College of Medicine, suffered from carpal tunnel syndrome. She sought, and was provided, a 12-week FMLA leave of absence for corrective surgery (which Drexel agreed to extend further after Checa’s mother died).

On her first day back at work, Checa claimed that her boss ambushed her during her “first day back” meeting with a list of incomplete tasks she had allegedly agreed to complete before taking leave. In response, Checa quit and (surprise) sued Drexel for FMLA retaliation. She claimed her boss orchestrated the “first day back” meeting as a “planned attack.”