Legal Question in Medical Leave in Michigan

Re: Employee's Yearly Review after FMLA

The regulations for the Family Medical Leave Act provides, at Section 825.220(c), in part "...employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under 'no fault' attendance policies."

The mere mention of the taking of leave in a personnel file might not be a violation, but the use of that information for the purpose of doing something that violates the above statement may be a violation of the employee's rights. If the FMLA leave time prevented an employee from completing training or other qualifying criteria, then the reference might not violate the FMLA; however, the employer might be required to permit the employee to complete the training or other qualifying requirements, despite that the employer's policies would have required that the employee satisfy them during the time that the employee was on FMLA leave.

You should contact an attorney or the Department of Labor concerning the facts and particular circumstances of your employment. This response does not constitute legal advice and may not be relied upon as legal advice.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200