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)
- Investigations: You can (and should) demand silence from all participants
- Remind bosses: No comments on FMLA use
- Imperial Sugar fined $8.7 million in wake of deadly explosion
- Employees filed job-discrimination complaints with EEOC in near-record numbers last year
- When reasonable accommodation is time off, it's OK to count it as FMLA leave