At the end of July during my mid-year review I was told I was being placed on a PIP, and they were doing the final review of it. At the time I asked why I being placed on a PIP. I was told because I needed to be more strategic and forward thinking. 3 weeks later I never get the PIP. At the end of August I had to take intermit FMLA for my son who is autistic and was struggling with depression and anxiety. During the few weeks I had to be home with my son full time, my boss asked me to do some work from home. I agreed and wanted to be cooperative. Then on the last week I was home I was told I could no longer work at home and that I would not longer have that option, even when I return to work. I was allowed to work two days a month from home and our policy allows for up to 4. I had my year end PM with a valued performance rating My boss did state that I was still going to be place on a PIP. I then asked why and he at first did not want to share that with me while I was on FMLA.
Retaliation for taking FMLA leave is clearly a violation of the law. The trick is proving that the action in question is in retaliation as opposed to another reason such as a performance issue which they will clearly argue was the motive for the PIP. The fact that they did not give you the PIP until after you were on FMLA, and then required you to return to work when you were taking intermittent FMLA leave, however, does make their arguments suspect. You should meet with an attorney to review the details of your case. This should be done before they get around to actually placing you on a PIP
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