Legal Question in Medical Leave in Florida

Performance Evaluation Date

I used my 12 weeks of FMLA plus an additional month of leave for pregnancy bedrest and then the birth and care of my child. Upon returning to work I found out that my annual review date was moved forward by 16 weeks from 3/1 to 6/27 so I am not eligible for my annual increase until 6/27. Is this legal? Also, as of 3/1 I would have been employed with this company for 7 years and should begin accruing vacation time at a higher rate. Is it legal for them to move my 7 year anniversary date to 6/27 also so I won't have the higher accrual rate until 6/27? Does the fact that I used an additional month of unpaid leave that they granted me affect my protection under FMLA? They didn't actually grant me the leave -- they terminated me for 29 days and I came back on day 30 so they could ''reinstate'' me with all my previous seniority according to our agreement (I had to do this since bedrest ate up most of my FMLA leave and Dr. wouldn't clear me to return before 6 weeks post-pardom).


Asked on 2/25/05, 2:28 pm

1 Answer from Attorneys
Scott Behren Behren Law Firm

Re: Performance Evaluation Date

My short answer is probably not. I had a similar case to this in the past, but it would depend in part on whether similar actions were taken as to other employees who did not take FMLA. The best thing to do would be to call and discuss further details with me about this matter.

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Answered on 2/26/05, 3:12 pm


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