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Employees on FMLA leave must be considered for promotion

Pennsylvania employees may be aware that they are likely entitled to leave under the Family and Medical Leave Act after they have been with their employer for a certain amount of time. Employers are not allowed to discourage workers from taking leave or retaliate against them for doing so.

A nurse at the Department of Health and Human Services and Kalamazoo Psychiatric Hospital was granted intermittent FMLA on two separate occasions in order to care for ill family members. However, he claimed that his employer still required him to perform full-time duties while he was on leave. On top of that, the employer overlooked the man for a promotion for which he was qualified while he was on leave.

The court determined that the company's actions were retaliatory or discriminating in nature against the employee. In this case, the discrimination involved refusing to promote an employee who was on leave. He was also discouraged to take his FMLA leave by expecting him still to continue with his full-time duties. The court ultimately decided that he was entitled to the amount he would have earned had he been promoted, which amounted to more than $30,000 in back wages.

If a worker is qualified for FMLA leave, he or she is legally entitled to take it when needed without being at risk for losing his or her job. A person may take leave when having a child, getting treatment for cancer or another disease, undergoing surgery or receiving psychiatric treatment. If an employer discriminates against someone for taking his or her leave, Boca Raton, Florida, FMLA discrimination law firm assistance may help the employee with filing a claim.

Source: CFO Daily News, "Do you have to consider an employee on FMLA for a promotion? Court says ...", Jared Bilski, May 24, 2018

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