• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

FMLA discrimination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mateasa

Junior Member
:confused: STATE: ALABAMA:
I'm writing because I went on leave with my now three year old daughter who had to have surgery on both her legs/hips in December 2004, she was placed in a partial body cast for two consecutive months. I took the leave under the Family and Medical Leave Act, I returned to work February 2005.
Upon my return, six months later I became due for an annual increase, at that time I began to question my supervisor as to why she hadn't gone over my annual performance evaluation w/ me, she informed me that she didn't receive anything from HR stating I was due for a raise at the time. I went to HR where they informed me that per cooperate offices my raise had been pushed back b/c I was on leave with my daughter.

I was w/ the same company when I gave birth to my daughter and upon my return from maternity leave I got my raise on time that year. I was out from December 2001 until February 2002. I don't understand nor do I appreciate the handling of things. I wasn't informed at the time I went on leave nor at my return that my raise date had to be changed.
 


cbg

I'm a Northern Girl
This is not necessarily illegal. The key point is whether or not someone who was on non-FMLA leave would have had the same thing happen. If someone on a non-FMLA leave would have had their raise pushed back, then so can someone on a FMLA leave. Employees on FMLA cannot be singled out, but they don't get special privileges. If the policy has been changed and now ALL employees now have to wait for their raises as a result of taking leave, then it's legal to require employees on FMLA to wait as well. It is only illegal if ONLY employees who took FMLA, are required to wait.
 

mateasa

Junior Member
Alabama:

I have asked around and no one has had this happen to them so far, and its never bee heard of at my job before. There wasn't any written messages stating this was a rule w/ the company.
 

cbg

I'm a Northern Girl
There is no requirement that you be given written notice of a change of policy for it to be valid. The only requirement is that the change be applied consistantly.
 

mateasa

Junior Member
undefined
Thanks, I will be sure to post what I find out, because I am going to get to the bottom of this!!
 

mateasa

Junior Member
Another employee got their raise

Alabama :confused:
I found out that another employee who had taken leave under FMLA guidelines, got her eval. and raise on time while she was yet on another leave. The first leave was for a month and two weeks, the second leave was for one month, totally about three months or twelve weeks, I only took eight. What is trully the case w/ this?!!?
:confused:
 

cbg

I'm a Northern Girl
The problem is that you can't point to this as evidence of singling out FMLA employees, since she was on FMLA also.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top