Short answer
You may still document legitimate performance or conduct issues, but the wording must avoid implying punishment for protected leave.
Can You Write Up an Employee on FMLA?
Understand the wording risks when documenting employee issues during FMLA and use safer manager communication.
Why wording matters
Even when discipline is justified, phrasing that references protected absences or frustration with leave can create retaliation exposure.
Bad example
Because your FMLA absences keep disrupting the team, we are issuing a warning.
Safer rewrite
We are documenting the performance issue based on the conduct described below and will continue coordinating with HR on any applicable leave process.
ADA · FMLA · EEOC Aligned Guidance
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