FMLA

942831

Can denying an employee a merit increase based solely on abuse of paid leave (sick & annual) when they have approved FMLA lead to a FMLA legal battle? The supervisor has rated the "quality" of the employee's work as "exceptional"--it's just that they continue to abuse their leave.

Thanks for your help!

cthr

>Can denying an employee a merit increase based solely on abuse of paid
>leave (sick & annual) when they have approved FMLA lead to a FMLA
>legal battle? The supervisor has rated the "quality" of the
>employee's work as "exceptional"--it's just that they continue to
>abuse their leave.
>
>Thanks for your help!
>
>
If they are on an approved FMLA leave they are not abusing the leave policy. If they have excessive abscenses exclusive of the FMLA and it is documented as outside the FMLA then yes, if that is your policy and you are consistent with treating all excessive abscenses that way.

If their performance is otherwise exceptional, I would probably decrease thier increase, not do away with it totally.

skyrocket

I keep copious notes when I find interesting facts about labor law. Here are my notes about FMLA and raises.

***
In addition to allowing employees to return to their original position, any cost-of-living increases and other unconditional pay increases that occur during their absences must be awarded upon their return to work. Pay increases based upon length of service need not be given unless the employer grants such increases for other employees taking a leave without pay. Therefore, if an employee’s anniversary/pay increase date occurs during an approved absence period, AND the employer does not allow employees to accrue seniority during FMLA AND other types of leaves without pay, the employer can defer the anniversary date appropriately.

Employers may delay reviews and raises for employees on a Family Leave absence or subsequent to a Family Leave absence under specified circumstances.
***

Now a "merit raise" is based on what criteria in your organization? Is it production and attendance. If attendance is included you cannot consider any FMLA absences (and perhaps other types of absences such as jury duty) in deciding whether the employee had acceptable attendance under the poliy. If it is production only, then you can only consider production. You may want to delay the raise to allow the full "review period" you normally use...