My question involves labor and employment law for the state of: California.
Your thoughts and relevant sections of FMLA that may have been violated?
Q. Father applied for FMLA leave for care of wife after surgery with supporting medical documentation and second period for baby bonding later in the year but withing 12 month period.
A. Administrator refused to accept FMLA form given to employee by personnel dept. or Md's. letter of medical necesity and had employee use existing family sick leave and vacation policys for application. In meeting administrator stated FMLA was never intended to grant leave to the extent member was requesting (less than 12 weeks was requested). Interferance? Chill?
*After employee had several meetings with administration (while baby was still in NICU) leave requests were approved with pay under sick leave and vacation policys.
Q. Employee expressed concern to imediate supervisor that he felt Administration was hostile to application and that issue would be used for denial of pending promotion.
A. Employee was not directed but "mentored" to use shift trades to cover baby bondig period to avoid conflict with administration. Employee responded that he felt his application for leave was appropiate and should not be restricted. Disuasion of FMLA leave usage?
*supervisor confirmed perception could be used against member in promotion?
Q. Immediatly on return from sickleave member was given negitave performance evaluation for prior years performance citing an "agressive, overbearing and demanding" interpersonal style.
A. No prior counseling or mentoring occured with supervisor in previous year, Supervisor stated he did not feel the problem was that serious but had been "directed" by administration to inclued the language in the evaluation.
Lastly, it's about what we can prove, promotions have not been announced yet so no direct harm exists?
Love to hear your thoughts,