Legal Question in Medical Leave in Virginia
performance evaluation very low due fmla usuage
I received my annual performance evaluation and the grade was much lower that previous years. The summary of the evaluation states that it was hard to evaluate me beacuse I had been under the FMLA act and missed alot of time.
Do you have any advice?
1 Answer from Attorneys
Re: performance evaluation very low due fmla usuage
If your lower evaluation is directly linkable to your taking of FMLA leave and not attributable to
any other independent and reasonably objective factors having to do with your actual job performance, then your employer could, possibly, be in violation of the federal statute.
The mere fact that you were under FMLA leave status and "missed a lot of time" is not a reasonably objective basis for giving you a substandard evaluation which presumably had certain consequences with respect to your compensation.
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