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.
- Don't force FMLA leave unless health condition is serious
- Determine if mental condition actually impairs
- Remind employees: They must continue to pay health insurance premiums while on FMLA
- Calculating the time-worked threshold for FMLA eligibility
- HR investigations must go beyond supervisor suggestions