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
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- Courts: Truckers' breaks covered by federal--not California--law
- 15 years after enactment, FMLA changing with the times
- With flu season approaching, can we force employees to stay home from work?