Would it be a violation of the Family Medical Leave Act to physically list the number of "absences" one lawfully takes under FMLA and "consider" those absences on a yearly performance review?
From the LawyerCentral forum archive. Originally posted 21 February 2011 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
(removed)
There are discrimination laws in place for just this
reason. If your work performance is being evaluated based
on legitimate FML, then your employer is probably in the
wrong.
Talk to an attorney if this is happening. Hope that
helps!
The Family Medical Leave Act (”FMLA”) mandates that employee at a company with 50 or more workers can take up to twelve weeks of unpaid medical leave to address “serious health conditions” for himself or for a spouse or a child.
Presuming (1) your employer is covered under the FMLA and (2) you are otherwise eligible, e.g., you have worked the requisite 1250 minimum hours over the preceding twelve months, you have protection under the law. In turn, your employer cannot legally lump the FMLA leave with the non-FMLA leave for purposes of disciplining you.
If your performance review is or was, in fact, downgraded as a result of your taking FMLA leave, you should consult with a local employment law attorney.
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