Can my department supervisor tell other employees that I am not pulling my weight, and that I am out too much? I am on FMLA so I have to be out.

Ann Kiernan replies:

No! The fact that you are on FMLA cannot be used as a negative factor in evaluating performance, and a manager who violates this requirement can be held personally liable. For example, in Haybarger v. Lawrence, 667 F. 3d 408 (3d Cir. 2012), an employee had intermittent FMLA for Type II diabetes, heart disease, and kidney problems. Her supervisor repeatedly noted in performance evals that she needed to cut down on her absences due to illness and repeatedly questioned why she needed to visit the doctor so often. He placed her on probation for six months, then fired her, and was held personally liable by a federal appeals court.

Posted 06-27-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.