Legal Question in Medical Leave in Indiana

Fmla

In 2005 I was out of work due to surgery in Feb.for 2 1/2 weeks and then again in August for another medical condition for 3 weeks. Both times I was covered under my employer's FMLA. When my annual review became due the following Feb, 2006. My absenteeism was held against me and I did not receive a merit increase in my salary. Aside from these incidences I was absent 4 days due to usual illness. I did question my boss as to if he was counting the FMLA days and he replied he 'didn't beleive he was', but he would 'check'. I was never able to get a response on this. I did not think this time off could be held against you when it came to a raise, am I wrong?


Asked on 1/08/07, 10:58 am

2 Answers from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Fmla

If in fact you and your employer are covered by the FMLA and your use of FMLA is a factor in denying you or giving you a lesser merit increase, the FMLA would be violated. You should contact an attorney to discuss your situation and rights in more detail. I can be contacted at [email protected], if you wish.

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Answered on 1/08/07, 11:03 am
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Fmla

NO, it should not be. Perhaps a letter from an attorney would help.

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Answered on 1/08/07, 12:28 pm


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