Performance Warning after FMLA
I had a pretty severe mental health scare in September and took 5.5 weeks to receive treatment and change my medication from mid-September to late October. Three weeks after I returned to work, I was presented with a written performance warning (“pre-PIP”) based on my call metrics being low. Our metics are based off a 90-day rolling average, and I was told no accommodations would be made for the time I was away, so I there are 40 out of 90 days where it was impossible for me to achieve targets. I am being told I need to make up the 40 days of call volumes on the remaining days, or be out on a PIP, which is pretty impossible. Does this count as retaliation, and if so, should I escalate to HR at this point?
Jobadvisor
This is a complex situation that touches on FMLA (Family and Medical Leave Act) protections and potential retaliation or interference with your rights.
Here is an analysis of your situation and guidance on how to proceed.
⚖️ FMLA Protections and Performance Metrics
The FMLA grants eligible employees up to 12 work weeks of unpaid, job-protected leave per year for specific family and medical reasons, including an employee's serious health condition.
Retaliation vs. Interference
FMLA Retaliation: Occurs when an employer takes an adverse action (like a warning, demotion, or termination) against an employee because they took FMLA leave.
FMLA Interference: Occurs when an employer takes action that prevents or denies an employee from taking or returning from FMLA leave.
In your situation, the performance warning ("pre-PIP") based on a 90-day rolling average without adjusting for your FMLA leave time could be considered FMLA interference or, potentially, retaliation.
Here's why the current metric system might be a violation:
Equivalent Position: When you return from FMLA, you must be restored to your original job or an equivalent job (one with equivalent pay, benefits, and other terms/conditions).
No Penalty for Leave: Your employer cannot penalize you for taking FMLA leave. Requiring you to "make up" 40 days of work to meet a rolling average—essentially setting an impossibly high standard for the remaining time—may be an unlawful interference with your right to job restoration without prejudice following FMLA. The absence itself should not result in a warning if the standard being applied is impossible to meet due to the FMLA leave.
The core issue is that your employer appears to be treating your authorized, protected FMLA leave as equivalent to poor performance/absenteeism for the purpose of a performance review.
🛑 Should You Escalate to HR?
Yes, you should escalate this to HR. You need to address this formally and create a record of your concern.
📝 Recommended Steps
Gather Documentation:
FMLA Approval: Keep copies of your FMLA paperwork, including your request and the company's approval.
Performance Warning: Keep a copy of the written warning ("pre-PIP").
Communication: Note down the exact date and content of the conversation where you were told "no accommodations would be made" and that you "need to make up the 40 days". Documenting who said this is also important.
Contact HR and State Your Case:
Schedule a meeting or send an email to HR.
Be professional and factual. Avoid overly emotional language; stick to the facts and the law.
Clearly state that you believe the performance warning is in direct conflict with your rights under the FMLA, as the metric used (the 90-day rolling average) was not adjusted to account for your approved, protected leave of 5.5 weeks.
Explain the math: Point out that because the average includes days you were legally unable to work, the goal set for the remaining 50 days (to make up the volume) is mathematically impossible or places an unreasonable burden on you, which constitutes an adverse action taken because you took FMLA leave.
Ask for a remedy: Request that the warning be rescinded and that the performance metric be adjusted to exclude the 5.5 weeks of FMLA leave from the 90-day rolling calculation.
Review Company Policy: Review your employee handbook or company policies regarding FMLA, return to work, and performance management to see if they specifically address how metrics are handled following an extended leave.
Next Steps
If you would like, I can help you draft a clear, factual, and formal email to HR that outlines your concerns regarding the FMLA interference and the unadjusted performance metrics.
How do you tell the difference between being loyal to a job and being stuck in it ?
Lately I’ve been feeling this weird disconnect at work. I do everything well, my team likes me, and on paper the job is fine but something in me feels like I’ve already outgrown it. It’s like I’m doing the same week over and over, just with different dates at the top of the calendar.
The thing that threw me off was yesterday during lunch I was thinking about what I actually want longterm, and it hit me that I haven’t asked myself that question in years. I’ve been on autopilot without even noticing it. And what’s confusing is that technically nothing is wrong. There’s no big blow up, no red flags just this slow feeling that I’m not moving anywhere.
I do have some money saved up, so part of me feels like this would be the right time to try something new. But then the anxiety kicks in what if I regret leaving stability? What if the next job is worse? What if I’m overreacting to normal burnout?
If anyone has been in that “comfortable but deeply unfulfilled” stage, how did you figure out whether it was time to make a jump or just time to reset mentally? I feel really unsure, and I don’t want to make a decision out of fear either way.
Jobadvisor
This is an incredibly common, but very difficult, position to be in. What you are describing is the crossroads of comfort and stagnation, and it's a feeling that high-performing, conscientious people often experience when they have mastered their environment.
The fundamental difference between loyalty and being stuck lies in the motivation and outcome of your decision to stay.
🧭 Loyalty vs. Being Stuck: A Decision Framework
| Feature | Job Loyalty (Healthy) | Stuck in a Job (Unhealthy) |
| Motivation to Stay | Growth/Contribution: You stay because you believe in the company/mission, see clear future opportunities there, or the job enables a specific lifestyle/value you cherish (e.g., work-life balance). | Fear/Inertia: You stay primarily because you fear the unknown, fear failing elsewhere, or are simply comfortable with the routine ("the devil you know"). |
| Your Skill Set | Stretched & Utilized: You are constantly learning new things, taking on complex challenges, or mentoring others—your skills are actively growing. | Stagnant & Underutilized: You can do your job on autopilot. You are not challenged or learning new, marketable skills. You feel overqualified. |
| Relationship to Future | Proactive: You know your long-term goals and this job is a deliberate step or platform toward them. You have a vision for your next 2-3 years. | Passive: You haven't thought about the long-term future, or you know the job isn't a fit but you keep waiting for something external to change (a restructure, a new manager, etc.). |
| Energy & Excitement | Motivated: You feel energized by the work, the team, or the mission, even on hard days. You feel proud of your accomplishments. | Drained/Apathetic: You feel indifference or a deep sense of boredom. Successes feel hollow. You only feel relief when the workday is over. |
The key sign in your situation is: "I haven’t asked myself that question [what I actually want long-term] in years. I’ve been on autopilot." This suggests you've been operating out of inertia rather than intention, which is the hallmark of being stuck.
🛠️ How to Reset Mentally Before Making a Jump
You don't have to quit tomorrow. Before you make a decision, you need to gather information and test your environment. The goal is to move from autopilot to intentional action.
1. The Internal Reset: Define Your "Why"
Before looking outward, define what is currently missing. Your current job is paying you, it's not toxic, and you're good at it. These are your baseline must-haves.
Make a "Must-Have/Nice-to-Have" List for Your Next Role/Life:
Must-Haves (Non-Negotiable): (e.g., Stability/Salary $X, Remote work, Kind colleagues, Minimal travel)
Missing from Current Job (The Gap): (e.g., Creative expression, Leadership opportunity, Intellectual challenge, Public speaking, Impact on a social cause)
Nice-to-Haves (Bonus): (e.g., Shorter commute, New industry, specific training program)
Identify Your Values: What truly matters to you? Is it Growth, Impact, Autonomy, Creativity, Financial Freedom? If your job isn't serving your top 2-3 values, you will always feel unfulfilled.
2. The Internal Test: Can You "Job Craft" for 90 Days?
If your core issue is the lack of challenge, try to engineer a new role for yourself within the current job. This is a low-risk way to see if the company is the problem or if the role is the problem.
Ask for a "Stretch Assignment": Go to your manager and say, "I'm looking to deepen my skill set. I’d like to lead the next [project type] or take ownership of [area where you see problems/opportunities]."
Learn a New Skill: Use your company's tuition benefits or free time to learn a skill that interests you (e.g., a new programming language, advanced data analysis, public speaking). Can you immediately apply that skill to your current work?
Mentor/Cross-Train: Volunteer to train new hires or cross-train with another department. This brings novelty and satisfies a desire for leadership/contribution.
The Test: If you try this for 90 days and your company is resistant, or if the new tasks still leave you feeling cold, it’s a strong signal that you have truly outgrown the organization, not just the role.
3. The External Test: Exploring the Market
This is the best way to combat the anxiety of the unknown.
Update Your Resume and LinkedIn: Get your career profile market-ready. This is an exercise in clarifying your accomplishments and value.
Casual Networking (Informational Interviews): Reach out to people working in the roles or companies that sound interesting to you and ask for a 15-minute chat about their career path. Do not ask them for a job. Simply gather data. What is their day really like? What is the culture?
Start Applying (Low-Key): Apply for 2-3 "dream jobs" that perfectly align with the goals you defined in step 1. If you get interviews, this gives you a real-world assessment of your market value and confidence.
If you go through the process of interviewing and realize your current job truly is the best option right now, you can return with renewed appreciation and a plan for tackling your boredom internally. But if you find something that checks all your boxes and lights a spark, you have the stability (savings) to make the jump with confidence.
You are not overreacting. The feeling of stagnation is a legitimate signal from your inner self that it's time for the next chapter of growth.
I was let go after telling my employer that I will need parental leave. Do I have any grounds for wrongful termination?
I understand that the best advice I can get is from a lawyer. But I wanted to ask reddit for a preliminary opinion before I start accruing legal fees.
A couple weeks ago I notified HR that I am expecting a child, and I will be anticipating needing parental leave in March 2026 (so I gave them about 4 months notice). This week, I was let go. Their reasoning is that the company is adapting to the market, and due to a restructuring of the company my position was no longer needed. Given the timing of how soon I was let go after notifying them about needing future leave, do you think there is any basis for seeking legal recourse?
It's worth noting that I did not have a chance to flesh out the details of what of kind leave I would use (whether federal Family and Medical Leave Act (US law) or my state's Paid Family Medical Leave) and how much leave I would take with HR.
Jobadvisor
This is a classic scenario where the timing of the termination, immediately following your notice of the need for protected leave, is a significant red flag from a legal perspective.
While your employer has provided a seemingly legitimate, non-discriminatory reason (restructuring/position elimination), the proximity of the firing to your protected activity (requesting parental leave) strongly suggests the possibility of retaliation or discrimination.
Here is a breakdown of your potential grounds for legal recourse under U.S. law:
🛑 Potential Grounds for Wrongful Termination
Your claim would likely fall under two main areas of federal and state law:
1. FMLA Retaliation/Interference
Although you hadn't formally submitted your FMLA paperwork, your notification to HR that you "will be anticipating needing parental leave in March 2026" is considered notifying your employer of your intent to exercise a protected right.
FMLA Retaliation: The law prohibits an employer from taking an adverse action (like firing you) because you exercised or attempted to exercise your FMLA rights.
1 Since your termination came just weeks after you notified them, you can argue a causal connection exists.The Burden of Proof: You can make a prima facie (initial) case for retaliation based on the close temporal proximity (timing) between your notice and the firing.
2 The burden then shifts to your employer to prove that the termination was legitimate and unrelated to your leave request.
The Employer's Defense (Restructuring): Your employer's defense will be that your position was eliminated due to a bona fide Reduction in Force (RIF) or restructuring, and you would have been laid off regardless of your leave status.
The Rebuttal (Pretext): You and a lawyer would then need to show that the RIF/restructuring reason is a pretext (a cover-up) for discrimination. Evidence of pretext could include:
The position being immediately or soon filled by a non-pregnant employee.
Your department or team not seeing other significant layoffs.
A history of excellent performance reviews, making your position suddenly "unnecessary" questionable.
2. Pregnancy/Parental Status Discrimination
The Pregnancy Discrimination Act (PDA), which amends Title VII of the Civil Rights Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Requesting parental leave is directly related to your status as an expectant parent and is protected.
4 Your termination could be framed as discrimination based on this protected status.
🔎 Why The Timing Matters
In employment law, the close timing between a protected activity (like requesting leave) and an adverse action (like termination) is often the strongest piece of initial evidence an employee has.
A good employment lawyer will look for:
Documentation: Were the restructuring plans finalized before you announced your pregnancy? (If so, it strengthens the employer's case).
Performance: Was your performance ever flagged as poor before you announced the leave? (If not, the restructuring claim looks less credible).
The Position Itself: Is the work you were doing now being spread out among other employees, or is your exact job function truly gone?
📝 Preliminary Next Steps (Before Legal Fees)
You are wise to seek preliminary advice. Before committing to high legal fees, you have a few options that require minimal or no upfront cost:
1. File a Complaint with the EEOC / State Agency
You can file a charge of discrimination/retaliation with the Equal Employment Opportunity Commission (EEOC) or your equivalent State Fair Employment Practice Agency (FEPA).
Why this helps: It is free, starts the administrative process, and is a required step before filing a discrimination lawsuit in court.
7 It preserves your right to sue and puts the employer on notice. There are strict deadlines (often 180 or 300 days) for filing, so act quickly.8
2. Take Advantage of Free Consultations
Most employment attorneys offer a free initial consultation to review the facts of your case (the timeline, the stated reason for firing, your job history) and determine if you have a viable claim.
You do not need to hire the lawyer immediately, but getting an expert opinion on the strength of your case and the relevant state laws is crucial.
3. Document Everything
Timeline: Create a detailed, chronological log of all events (date announced pregnancy, name of person you told, date of termination, etc.).
Emails/Documents: Keep copies of your termination letter, any past performance reviews, and any emails you sent to HR regarding your leave.
10 Collect Company Information: Note the size of the company (FMLA only applies to companies with 50+ employees) and the specifics of their restructuring claim.
In summary: Given the very close temporal proximity, you absolutely have a basis for seeking legal recourse. Do not dismiss this as a low likelihood of winning until you have spoken to an attorney familiar with state and federal employment laws, especially those concerning parental leave and retaliation.