Can a person be demoted because of FMLA?

Can a person be demoted because of FMLA?

You can not be demoted because you request FMLA intermittent leave. That would be a violation of law. Now, being demoted after you turn in such a document can be legal, if the demotion has nothing to do with the FMLA paperwork. If there is a legitimate, non-discriminatory purpose then the employer is legal.

Can a performance review be delayed after FMLA leave?

The issue is whether delaying a performance review for an individual who has taken FMLA leave conflicts with the obligation to return the leave taker to a position with ‘equivalent pay, benefits, and working conditions.’

What happens when you return from FMLA leave?

To the extent that an employee who takes FMLA leave had met all the requirements for either a performance-based or attendance-based bonus or pay increase before FMLA leave began, the employee is entitled to continue this entitlement on return from FMLA leave.

When do you get your FMLA appraisal after leave?

For example, if they take 3 months of leave, they get their appraisal at the 15-month point rather than the usual 12 months. Now some of them are saying that the FMLA says that leave time can’t be counted against them, and they are demanding a 12-month appraisal even though they only worked 9 months. Can this be right? — Anonymous

You can not be demoted because you request FMLA intermittent leave. That would be a violation of law. Now, being demoted after you turn in such a document can be legal, if the demotion has nothing to do with the FMLA paperwork. If there is a legitimate, non-discriminatory purpose then the employer is legal.

When do you have to return to work after FMLA?

The FMLA also sets deadlines by which your employer must reinstate you. When you’ve notified your employer in advance of your return date, your employer must reinstate you on that date. However, if your return to work date has changed unexpectedly, your employer has two business days to reinstate you.

What do you need to know about the FMLA?

The FMLA is a federal law that requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid leave for the following purposes: to care for the employee’s own serious medical condition.