Must an employer engage in pleasantries and avoid critique of an employee’s pre-Family and Medical Leave Act leave work performance when an employee returns to work after an FMLA leave? In Checa v. Drexel University, No. 16-108, 2016 U.S. Dist. LEXIS 83524 (E.D. Pa. June 28, 2016), the court found that the FMLA does not require an employer to forget about pre-leave performance deficiencies or deliver them in a courteous manner.
The plaintiff, Debra Checa, began her employment with defendant Drexel University College of Medicine in 2010. In 2014, Checa sought and was granted FMLA leave to have carpal tunnel surgery. Her leave was scheduled to end Sept. 14, 2014. Checa’s mother passed away while Checa was on leave and recovering from her surgery, according to the opinion. Consequently, Drexel approved Checa’s request to extend her leave.
