Skip to content

Menu

By Jeff Nowak of Littler
HomeAuthor & FirmContactSubscribe
Search
Close
FMLA Insights logo

FMLA Insights

Guidance & Solutions for Employers

Pagel v. TIN

Subscribe to Pagel v. TIN via RSS

Employee’s FMLA Leave Requires an Employer to Adjust Performance Standards

By Jeff Nowak on August 29, 2012
Posted in Court Decisions, Interference, Retaliation
job

When an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee?  According to a recent federal court decision, the answer is Yes.  And failing to do so sets the employer up for an FMLA interference claim.

The Facts

Take this situation: Jeff was…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

Read More....

Connect with Jeff

RSS LinkedIn Twitter

Topics

Archives

Recent Upates

  • Join Me for a Webinar: “It’s Not Called the Friday and Monday Leave Act! Effective Ways to Protect your Organization Against Misuse of FMLA and ADA Leave”
  • When an Employee Requests Leave from Work, It’s Easy to Respond with Cynicism. Next Time, Respond with Kindness.
  • The DOL is Asking Employers to Self-Report FMLA Violations to the Federal Government. Will Even One Employer Take the Bait?
  • Employers, Before You Pick Up the Phone to Call an Employee’s Physician, Put it on Hold
  • If You Review FMLA Medical Certification as Part of Your Job, You Need to Read this Post!

Links

  • ABA – Labor & Employment Section
  • ACC
Jeff Nowak
Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
RSS LinkedIn Twitter
Privacy PolicyDisclaimer
Copyright © 2025, Jeff Nowak. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo