United States Tenth Circuit

The Family and Medical Leave Act (FMLA) does not protect an employee from termination for performance problems caused by the condition for which FMLA leave is taken, nor does it require that an employee be given an opportunity to show improved job performance when not ill.

Appellate Information

• Decided 02/21/2002
• Published 02/21/2002

Judges

• PAUL KELLY, Jr., Circuit Judge., Before TACHA, Chief Judge, KELLY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jean Walpole Coulter of Jean Walpole Coulter and Associates, Inc. (Brian A. Curthoys with her on the briefs), Tulsa, Oklahoma, for Plaintiff-Appellant.


• For Appellees:
  
• Jon E. Brightmire (Kristen L. Brightmire with him on the brief), of Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, Oklahoma, for Defendant-Appellee.