Currently, I'm on a FMLA protected leave, and during this time was our annual performance reviews.

Anonymous

March 11,2022 at 1:56PM UTC

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Currently, I'm on a FMLA protected leave, and during this time was our annual performance reviews. I did not meet with my mgr, but can see what I was scored. My mgr rated me much lower than anticipated, which has drastically affected my compensation (raise, incentive, etc.). It seems that I'm being 'penalized' for being on leave. Prior to this annual performance review, I received the top rating for 2020 from a different mgr. I've had no PIP, and busted my a$$ prior to my leave. What are my legal rights? when my leave is over, I'd like to pursue a fair compensation, what steps should I take? thank you.

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Brenda F.March 11,2022 at 3:19PM UTC
Under federal law you cannot be rated negatively for the time you are on FMLA leave - you can only be reviewed for the time you are working. You also cannot be penalized for taking FMLA. But this also does not mean you would automatically be eligible for any “bonuses”, “incentives” or overtime for time periods you not present to earn them. You would only be eligible for bonuses, incentives, and overtime during the periods you were working,
Rebecca AliMarch 11,2022 at 4:33PM UTC
You need to address this with your HR department and your manager. Before you do that, read up on FMLA law and employer/employee requirements. Knowledge is power and you'll want to be able to speak to the facts. It could be your manager just has no clue what he/she is doing and needs coaching on how to handle the performance management process for someone on FMLA. I'd recommend you approach this from a "help me understand..." angle and have your documentation ready to go. Good luck to you!
Hilary OborghayujieMarch 11,2022 at 7:32PM UTC
I equally support you with what Ali have said.
Crystal HowellMarch 12,2022 at 1:33PM UTC
I agree, know your rights. Just because someone has a "manager title", doesn't mean they know the law!
Get a free consultation with an employment attorney,so you do know !
MPMarch 12,2022 at 1:56PM UTC
I second Crystal - get thee to an employment attorney asap! They'll be able to tell you what to do.
AnonymousMarch 12,2022 at 3:26PM UTC
I don't know that you need to jump to legal rights/lawyer, etc. What makes you feel like you are being penalized for leave? Can you reach out to your manager to have a conversation about why he is rating you the way he is to see if you can get some clarity vs. wait until you are back from leave? I would start there, get some more information and then determine next steps.
AnonymousMarch 12,2022 at 4:24PM UTC
more information is needed. How heavily weighted is organization performance vs personal performance. You need to discuss the review after you return.
What should be more concerning to you here is why your performance review was completed when you were on leave? Is the company fiscally in trouble? Is a reorganization in the future? Has your position (not you) been deemed expendable?
AnonymousMarch 13,2022 at 6:12PM UTC
Do you have any proof that your leave is related to your lower rating? Were there any goals from your manager that you failed to reach (prior to your leave)? I would not jump right to legal action- I would first have a conversation with my manager to understand the reasons for the lower review & then, if you are not satisfied with that response, perhaps consider talking to HR (bringing proof of performance & documentation).
AnonymousMarch 14,2022 at 2:10PM UTC
Some possible reasons for a lower rating: 1) New manager who simply doesn't know you and your work. How long did you work together before you went on leave? 2) How many people on your team? Sometimes managers are given a set budget for raises. Even though you busted your butt before leaving, if a couple of months went by until performance review time, (s)he may have recent work by others top of mind and split the available $$ according to that. The worst part though is that the rating was entered into the system without discussing with you. Not cool.
AnonymousMarch 25,2022 at 5:37PM UTC
The handbook doesn't specifically state this, but does say in general terms that a manager can perform a review in the employee's absence. There are parts of the policy the manager did not implement in the process (gather feedback), so yes, I was treated differently. When I return to work, I'll find out more details, but I suspect the manager is in the wrong and need to validate this further. thanks for the post!