›

sick time/evaluation/FMLA

josieBjosieB 16 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
An ee's annual evaluation timeframe has coincided with her FML. Our grading system is based on number of allowed sick days taken per year (6). Without including FML days she would have an excellent grade. Her supervisor wants to include FML days which will bring her score down. I am not sure this is allowed, since her leave is approved and should not be held against her in an evaluation. Can someone point me to where in the FMLA this is addressed?
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • GenoGeno 184 Posts
    PMVote Up0Vote Down
    josie,

    Try Section 825.215 paragraph (c) (2).

    Geno
    Share on Facebook Share on Twitter
  • HRinFLHRinFL 376 Posts
    PMVote Up0Vote Down
    This would be FMLA retaliation because she would suffer an adverse action (a lower evaluation) because she took a federally protected leave. You need to consider, if your pay increases are tied to evals, what effect the lower eval would have on the ee's pay. That would also be an actionable adverse action. Not only can you not count them, if she would be eligible for a pay increase, she needs to get it. If she would be the next person in line for another position (promotion) she should be asked whether she wants it. You have to treat her as if she was there, or be in violation of the FMLA.

    "Whenever I start to feel blue, I start breathing again!"
    Share on Facebook Share on Twitter
Sign In or Register to comment.