To state a prima facie case of FMLA retaliation (circumstantial), an employee must show that: (1) he engaged in a protected activity [taking FMLA leave]; (2) the employer took an action that a reasonable employee would have found materially adverse; and (3) there exists a causal connection between the protected activity and the adverse action.
To establish the third element of a prima facie case of retaliation, an employee must show a causal connection between his protected activity (taking FMLA leave) and the employer’s decision to terminate his employment. The critical inquiry at this stage is “whether the plaintiff has demonstrated that the [employer’s] action occurred under circumstances which give rise to an inference of unlawful discrimination.” Garrett v. Hewlett-Packard Co., 305 F.3d 1210, 1221 (10th Cir.2002).
Courts repeatedly recognize temporal proximity between protected conduct and termination as relevant evidence of a causal connection enough to justify an inference of retaliatory motive. In fact, a plaintiff may rely on temporal proximity alone if “the termination is very closely connected in time to the protected activity.” Anderson v. Coors Brewing, 181 F.3d 1171, 1179 (10th Cir.1999).