Performance evaluation during intermitten FMLA
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Searching for the right language to use on a performance evaluation for an employee who is on intermitten FMLA.
Anyone have any suggestions?
Anyone have any suggestions?
Comments
I do not believe, we professional HRs should coward down to a potential law suite. We the company, have a right to expect the scheduled working hours to be performed at a set standard and when that standard is not being met then we must tackle the monster right now and not later, when the opponent can score a touchdown.
The employee is being done a disservice, if he/she does not know that the scheduled work outside of the intermittent leave schedule is not satisfactory. I have always practiced and taught leaders to get issues on top of the table and deal with them. It is an indicator of a "weak leader" to turn away from issues and let someone else handle it. It is easy to make sure the ee knows that the intermittant leave days are not part of the evaluation. Examples of poor performance are used that were or were not accomplished on the schedule work days. there being none, then the performance meets minimum standards and call it that.
I recommend the supervisor face the enemy and bring him/her down, as scheduled. The failure to address the issues is also an ADA factor, by treating this employee differently and as "a disabled employee". I'm disabled, but I perform inspite of the pain and frustration of my personal sick inabilities. I would be more upset if my boss did not let me know when my performance was being supported by my special disability arrangements.
PORK
Thanks for your input.
A Blessed day and week-end for all!
PORK
"Riding the fence in our World of Work is an art form of compromize and influence, you or I get our position power by being able to make the important and right decision at the right moment in time. Reading the tea leaves is all part of our world. We stand our ground when positioned with all the facts and not just an emotional immediate reaction to any HR situation."
I challenge anybody on the Forum, other than the Bacon Man, to attempt an explanation of the preceeding paragraph. . Can someone mail me a Spanish/Pork dictionary that might enable me to understand what this guy is talking about?
Thanks for your input.
My evaluation of your decision is that you have indeed decided to discriminate against this employee for having taken FMLA. There is no other way to look at your decision. As a matter of law, when you treat an employee differently because he has exercised his FMLA rights, or you decide to not evaluate someone simply because they are on FMLA, you have violated federal law. It is clear to me that you are discriminating against an employee for having exercised his FMLA rights. The most ill-prepared of all lawyers will have you for lunch over this one. I hope your resume is polished up.
I agree with the posters who state the evaluation should be done just as it would have if the employee was not on FMLA.
This seems to be a topic of much contention...
I honestly don't believe that I have opened us up for a law suit.
We are simply delaying the review. We are looking at the entire situation. We know why performance has been lacking, out of the individuals control.
Perception around the water cooler is empatheic to the individual. I don't believe that other ee's are complaining about how we are handling the situation.
Comments that I have heard indicate that they are glad that they work for a company that is willing to work with and help people when they are going through a very rough time.
Treating someone differently on intermittent FMLA is not a good practice and will eventually expose your company to unnecessry liability.
Disposing the advice of very smart and experienced HR professionals for back pats at the water cooler is a poor path to take. Good luck to you. I hope it turns out well.
A much better way to handle this, in my opinion is this: In order to maintain the credibility and purity of your annual review process, conduct the review. If you so choose, handle the areas you suggest are medically driven with gentle comment or address them non-judgementally, but state a timetable for lifting that special dispensation. advise the employee that you are giving the annual review but will dispense with comment on certain areas which you feel will be improved once (whatever) changes.
If you don't do this and send a signal to this employee, your other employees or someone else who wants to challenge your fairness later, you are setting yourself up for an unfortunate outcome, especially if the review is accompanied by a wage increase. You may, in the long run, be 'saying' to all that this job does not require acceptable performance if occupied by an incumbent with a medical problem(s). And you will certainly set the precedent that if one has a medical condition that precludes acceptable performance, then that level of performance expectation will be suspended for an undetermined time. And you WILL be challenged if you selectively apply this logic.
The decision is certainly yours and the company's' however, now, I am left wondering why you bothered to ask for the opinions this group has to offer since you had your own answer up front. x:-)
It is difficult to explain the situation without disclosing protected information.
From the beginning I was looking for the right language to place in the emp's file.
The individual is protected while on FMLA.
It has been intermittent. The individual knows that they have not been "performing" as they did before their leave began. Management knew that they would not be able to. We were willing to work with the person, knowing that once their status changed that they would be expected to return to their previous position with the same expectations.
While on FMLA management didn't believe that it would be fair to this individual to give them poor ratings when it is due to their health...
Thankfully there isn't any money involved at this time. Our increases happen at a different time.
The review will be done just a few months later and I was only trying to find the right way to say that.
I hope this finally makes sense.
I do appreciate all of your input and I guess I just wasn't making myself clear.
One final comment. The individual only has job protection while on FMLA. There is no other protection granted by the Act. And, the employer is prohibited from treating him or her differently while in that status, including discrimination; including refusing to evaluate. Nobody here wants to hear anything personal about this individual and we certainly don't ask you to compromise his private information on the internet. But, my concern about why you posted to begin with, still exists. You had your answer before you ever keyed the Forum up. Good luck to both of you.