The 10th Circuit Court of Appeals, in Brown v. ScriptPro, recently clarified that discharging an employee within two days of a request for medical leave does not by itself establish a violation of the Family and Medical Leave Act if there is uncontroverted evidence that the employee would have been discharged in the absence of the leave request. 

Frank Brown, a customer service operations analyst employed by ScriptPro was dismissed two days after requesting medical leave. During his employment, Brown received mixed performance reviews. His performance review for 2007-2008 contained satisfactory or high rankings in the areas of “Quality of Work” and “Attendance,” but a marginal performance ranking for “Planning and Organization of Work” and “Work Relationships.”

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