Legal Question in Employment Law in Virginia

FMLA and evaluation of job performance

I have FMLA coverage for missing some work over the last 3 months. My employer took off points on my evaluation for missing work, not attending one meeting, and missing a few duties on the job when I was not present at work,

during my FMLA covered time. Can you please advise?


Asked on 11/08/07, 6:41 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: FMLA and evaluation of job performance

Under FMLA rules, employers are not permitted to penalize employees who are legitimately on FMLA leave "for missing work", not attending meetings, missing a few duties or other job related activities while such employees are away from their jobs and involved in the activities/tasks for which the FMLA leave was granted in the first place.

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Answered on 11/08/07, 7:14 pm


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