FMLA & promotions

jeff city

Can someone explain when (if ever) taking time off for FMLA may legally effect promotions? If an employer always takes length and breadth of experience into account when deciding who to promote, what if there ends up being two people with the "exact" same experience, with the exception of one being gone for 12 weeks for FMLA? In that situation, one person would have more experience, and, generally, would be the one to promote (if only promoting one). Is this illegal under FMLA, and, if so, what do you do about it?
This may seem unlikely, but we often hire a bunch of people right out of college and have them start on the same day and, if one ends up needing lots of FMLA time (after working for us a year, of course), this will put them behind in experience when compared to their "peers."

deniseE

Technically, if employees are equal up to the point of an FMLA absence...then they are still equal. You cannot select the one that takes no leave time for that reason alone.

stilldazed

Is your question real or hypothetical? My guess is that even though you hire several people at once, their personal experience levels are likely to differ since experience is often the result of personal characteristic (i.e., personal drive to learn new things). I may be wrong, but I think your concern is an extreme you may only rarely see.

jmcaa

Employee on FMLA is treated EXACTLY as if they worked during that time. FMLA CANNOT be a factor in your decision. Treat that employee as if they worked during that time and have that experience.