A. Probably not. It's illegal to subject an employee to an adverse employment action as a result of taking . Employees could make a strong case that pushing back their is an adverse action, especially if the review is linked to their compensation, eligibility for benefits, seniority rights, job duties or opportunity for promotion. Your best bet: Stop this practice ASAP.
- Make sure supervisors understand: Do not discourage employees from using FMLA
- Cut lawsuit risk by filling vacant position with similar person
- FMLA and late certification: Can we fire for missed deadline?
- Hey, boss, you'd better call HR! Warn managers: Don't fix complaints informally
- Remind supervisors: Constructive criticism is expected--not an excuse for employees to sue