i have and use intermittent fmla. so they can't reprimand me for missing time that is protected by fmla. but....they are very numbers driven. i work on the phone, and one of the numbers they look at is the percentage of time you are on break. well, if work a shorter day because of fmla, that percentage goes up. i have 1 hour of unpaid lunch, and 15 minutes of paid break for each four hours worked. so my percentage is to high, for example i might take my 1 hour unpaid lunch, not realizing that i am going to end up having to leave early. they are threatening performance management, possibly a final warning.
2007-11-23 04:57:39 · 2 answers · asked by nunya 2 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
No, they absolutely cannot put you on performance management because you took FMLA time.
The hour unpaid lunch shouldn't count against you (you're off the clock). They cannot count the FMLA time against you.
Start a notebook where you document all your conversations regarding your FMLA leave and performance. Talk to HR. Make sure to document those conversations as well.
Get a copy of your employee handbook and read up on the sections on FMLA leave.
If HR does not resolve the issue, call an employment attorney. The good ones will not charge for an initial consultation.
2007-11-26 05:34:37 · answer #1 · answered by plaid_girl34 2 · 0⤊ 0⤋
Doesn't sound legal to me - time on intermittent FMLA should not count toward the calculation of your productivity.
2007-11-23 13:12:25 · answer #2 · answered by Judy 7 · 1⤊ 0⤋