"Employers often are gun shy about conducting workplace investigations or taking disciplinary action against an employee while the employee is on FMLA leave. This approach is understandable, as employers are worried about the appearance of retaliation because the employee may claim (as she did here) that the employer took action on the heels of an employee's request for FMLA leave. Yet, this court decision is an endorsement to carry on with your internal investigations and disciplinary measures so long as you can show that you would have done the same absent any request for FMLA leave." [Jackson v. BNSF Railway Co., No. 16-695 (N.D. Tex. Aug. 1, 2017)]