All too often, employers are criticized for blunders they could have avoided when taking disciplinary action against an employee with a medical condition.  However, a recent federal appellate court decision provides a glowing example of how an employer got it right when it disciplined an employee upon her return from leave under the Family and Medical Leave Act. 

Last month, the 11th Circuit Court of Appeals found that a drug company did not violate the FMLA when it demoted a top-level executive upon her return from maternity leave for performance deficiencies unrelated to her FMLA leave.  Schaaf v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline (pdf).

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In this edition of our podcast, we discuss how an employer should properly administer FMLA leave when it is needed for pregnancy-related matters or upon the birth of the child. We tackle common questions such as:

  • Can an employer obtain medical certification of a pregnancy?
  • Is intermittent leave allowed for child-parent bonding time?
  • Are prenatal