Legal Question in Administrative Law in California

Re: review date modification

Hard to say for sure.

If the annual review is written in a way that makes if firm, guaranteed or contractual in nature, then a lawyer or judge would probably look to see whether it read "every May 1st" or "once a year." If it is tied to a particular date, then I'd think it must be given on that date, or as soon thereafter as the employee is back to work so as to be available for the face-to-face session or whatever employee participation may be part and parcel of the review process. If, on the other hand, the review is firm, guaranteed or contractual in nature BUT reads "once a year," that would probably best be interpreted to mean every time the employee has a year of reviewable performance behind her, and therefore would not be due until about 17 months after the prior review.

If the practice of giving annual reviews is not contractual, firm or guaranteed, but is optional with the employer, I'd think the employer would be free to adopt any reasonable position on when review is due, so long as its decision didn't amount to retaliation or discrimination.

This opinion is based on general policies of contract interpretation. There may be some obscure provision in the Labor or Government Codes or elsewhere that requires a different outcome. Government Code section 12945 covers maternity leave is general, but I did not see a provision therein specifically addressing timing of review.