All by itself, a negative
Advice: Never consider holding leave against an employee. Base your review strictly on work performed while the employee wasn’t on leave.
Recent case: Shakeel Tirmizi took FMLA leave to care for his autistic son. When he returned, he got a performance review that was lower than one he received before he took time off.
He sued, alleging retaliation. But the court tossed out the case, reasoning that a review that didn’t trigger something like a demotion or lost pay isn’t an adverse employment action. (Kramer, et al., v. Exxon, No. 07-0436, DC NJ, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- If employee loses workers' comp appeal, don't be shy about asking him to pay legal fees
- Nassau County SPCA faces sexual harassment suits
- What's the required timing for final paychecks?
- 4 steps to bullet-proof your employee handbook