Legal Question in Medical Leave in Virginia

When out for fmla can my productions figures still apply for my rating, my boss told me I had to be carefull how much leave I used because I was not getting my daily amt's of work completed.

She did use this in consderation of my performance score for my raise last year. Is this legal?


Asked on 3/10/10, 11:12 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If your performance score and resultant pay raise was lower than it otherwise

would have been due to the employer's action of factoring in the time that you were out on FMLA leave in figuring your production figures for the year, that could constitute a violation of this federal law (in my opinion).

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Answered on 3/15/10, 2:13 pm


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