Family Medical Leave Act Tips

Wednesday, April 30, 2008

Are your absences for sick leave being referred to in your evaluation?  If you used leave that was qualifying leave under the FMLA/CFRA you should be aware that the law prohibits an employer from withholding a benefit or privilege to you because you’ve taken FMLA leave, and also prohibits an employer from giving you a poor evaluation or denying you (or delaying) a promotion for having taken protected leave.  Specifically, the following are illegal behaviors for employers:  Assigning make-up hours, Reducing Overtime Opportunities, Assigning More Difficult Tasks, Denying Promotions, Issuing Negative Evaluations, and Lectures or Warnings about Improving Attendance (to name just a few).  In California, the California Family Rights Act (and claims of violations of FMLA) are handled by the Department of Fair Employment and Housing.  If you have questions or suspect a violation of any of the above rules contained within FMLA and CFRA contact the union for assistance with your issue.