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Performance and Termination Decisions Under the FMLA and ADA

Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 15, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will prepare employment counsel to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The panel will outline an employer's obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other leave protection laws, as well as best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.


Terminating or disciplining an employee for performance or disciplinary reasons is difficult under the best of circumstances. Terminating or disciplining an employee who is on leave adds layers of complexity and potentially can expose an employer to costly claims and lawsuits for interference, failure to accommodate, or retaliation.

The FMLA, ADA, and analogous state and local statutes may protect employees who need to take time off from work because of medical, disability, or family issues. In addition, disciplining or discharging an employee who is on leave or recently returned from leave may present retaliation risks.

Listen as our experienced panel of employment attorneys discusses strategies for navigating difficult performance and termination decisions when they arise while an employee is on leave and/or recently returned from leave. The panel will discuss how the leave, accommodation, workers' compensation, and statutory benefits laws intersect and outline best practices for handling performance issues and avoiding retaliation claims.



  1. Briefing on federal and state leave protection laws
  2. Documentation best practices
  3. Timing considerations
  4. Strategies for overcoming abuse
  5. Best practices to avoid retaliation claims


The panel will review these and other relevant issues:

  • How can employers respond to common types of employee leave abuse without violating the law?
  • How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
  • What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA, workers' comp, or statutory disability benefits?
  • When is it permissible to terminate an employee on FMLA leave?
  • How do courts evaluate timing issues in retaliation cases?


Bologna, Jenifer
Jenifer M. Bologna

Jackson Lewis

Ms. Bologna focuses much of her practice on assisting multistate employers with compliance solutions, developing...  |  Read More

Farrell, Jeremy
Jeremy V. Farrell

Tucker Arensberg

As the deputy chair of the firm’s litigation department, Mr. Farrell represents businesses in a variety of civil...  |  Read More

Slocum, Michael
Michael J. Slocum

Greenberg Traurig

Mr. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation,...  |  Read More

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