Legal Question in Medical Leave in California

employer delaying annual review
My annual review is nearly a month overdue and my due date is rapidly approaching. My boss is leaving town for a week next week and I suspect my employer is delaying my review so that I will have less money for my leave (without receiving my raise or a bonus) and therefore will not be able to afford to take any unpaid leave for bonding with my baby. This also affects how much State Disability and paid family medical leave I will be paid, as any raise would be pro-rated to last month. Also, holding out on my review allows them to pressure me to return to work sooner in order to prove I deserve a raise. Am I entitled to my annual review on time? What can I do to protect myself?

Asked on 6/10/08, 2:53 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: employer delaying annual review

There isn't any law that says an employer must give performance reviews on time or even that they give reviews at all. But, if they have a practice of always giving reviews on, let's say, your anniversary date and have deviated from that practice in your case, you could make an argument they are doing so in a discriminatory manner.

Before jumping to such conclusions, however, it would be wise to discuss your concerns, diplomatically, with a human resource manager, to see if this can be corrected. If not, you could consult with an employment law attorney in your area, to explore your options.

Answered on 6/11/08, 2:24 pm

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