By David M. Stevens, Whiteford, Taylor & Preston
Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you take action based on the misconduct.
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However, using FMLA leave doesn’t immunize an employee from discipline for future workplace misconduct. That was the subject of a recent decision from the U.S. District Court for the District of Maryland. Let’s take a closer look at the case, which offers a number of useful insights.