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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Can I be disciplined for production standards if I need to

Customer Question

Can I be disciplined for production standards if I need to go home on intermittent FMLA?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Is your production suffering because of the FMLA leave?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

My production was suffering for that day. I left home early due to respiratory problems, when I returned to work I was disciplined for a low standard for the day

Expert:  Tina replied 3 years ago.
Hello again, Byron.

Employers are typically prohibited from retaliating against employees for taking FMLA whether intermittent or not. If your production for the time you were at work was substandard, the employer could take disciplinary action against you for that normally, but not for missing production requirements during the time you missed work and were on FMLA leave.

Also, when an employer takes disciplinary action against an employee who is on FMLA leave, the burden is typically on the employer to show that they would have taken the same action even if the employee was not on FMLA leave.

So employers can take disciplinary actions against employees who are on FMLA leave, but it must not be because of the time the employee is out on leave typically.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.

So if I can't accomplish the production standard for the day due to my condition, can i rely on my fmla for protection?? Pretty much stressed about having another attack and having to worry if my production is low for the day and risk having an accident

Expert:  Tina replied 3 years ago.
Hello again, Byron.

Yes, if you are experiencing symptoms, it is normally best to request the intermittent leave sooner rather than later so your production does not fall off while you are working. Once you are on leave, the employer cannot take disciplinary actions against you for taking leave typically.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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