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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Denied Entitled Benefit During FMLA Leave

    My question involves labor and employment law for the state of: California.

    I took FMLA leave to care for a sick family member. During that time, I also had a discrimination claim filed against my employer. My leave coincided with my company's annual review process which resulted in coworkers of the same job title receiving raises. Upon my return, I was allowed to complete a portion of the review process, but my boss has continually put off completing it and I cannot receive a pay increase until this is done. I have asked several times (verbally and via email) for a meeting with my boss to finish the process, but my boss has either responded with "I have to check my schedule and get back to you" or not responded at all.

    My questions are: does the annual review process qualify as an "employment benefit that the employee earned or was entitled to before using FMLA leave." and also could my employer possibly be delaying my review process in retaliation for my discrimination claim? What should I do? What are my rights under the law?

    Thank you in advance for any help.

  2. #2
    Join Date
    Sep 2004
    Posts
    160

    Default Re: Denied Entitled Benefit During FMLA Leave

    It seems likely that you are entitled to the completion of the review. You can consider trying to reason with your supervisor, go over your supervisor's head, or consult a plaintiff-side employment lawyer about the specifics of your situation.

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Denied Entitled Benefit During FMLA Leave

    How long were you on leave? How long has the review process been delayed? If you are determined to be eligible for a raise, will it be retroactive?

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