Employers must adjust employee performance standards to avoid penalizing employees on FMLA leave

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Suppose one of your employees, a widget maker, takes leave under the Family and Medical Leave Act.

As a widget maker, the employee has a monthly quota of 100 widgets. The FMLA does not require an employer to adjust its performance standards for when an employee is on the job. So, before and after they take leave, the company can hold that employee to the monthly quota of 100 widgets.

It’s a different story during leave. The company must adjust performance standards to avoid penalizing employees for being absent during FMLA-protected leave. Otherwise, the company could be facing FMLA interference

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