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Fmla absence days where included in my yearly review

Dallas, TX |

I had my yearly review yesterday they included the days I used for fmla in my review..and that affected my score..this stressing me out..is this right for them to di this

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Attorney answers 3

Best Answer
Posted

That should not be included in your review. I would need to hear more about how it affected your score. What sort of things arise from your score? Does this score have an impact or has it had an impact on promotion, pay, etc? Based upon what you have presented. The facts need to be developed a bit more.

My responses provided on this site are not intended to create an attorney-client relationship. Furthermore,I encourage to personally visit with myself or another attorney in order to gain more clarification.

Posted

No, that is illegal. However, you would have a claim under the FMLA only if the score reduction affected the terms and conditions of your employment in some way. Did it affect your pay? Did it cause you to be terminated or demoted? If not, you should still point out the issue to your employer, but there isn't anything else you can do right now. If you get fired, get demoted, or suffer a pay reduction in the future, however, you may have a valid claim.

Posted

How did the affect on your score translate into an affect on your job? The key issue for you is whether the review has already affected you or will affect you in the future. If there has been no affect and there will be no affect in the future it's probably not anything you should be stressing about. However, if it is affecting a raise or may affect future promotion opportunities then you should hire a local employment lawyer to have the employer correct its records and undo any damage it has caused.

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