You Shouldn’t Tie FMLA Leave to Workers’ Evaluation Date

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in FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

A. Probably not. It's illegal to subject an employee to an adverse employment action as a result of taking FMLA leave. Employees could make a strong case that pushing back their performance review 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.

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