QUESTION
Employment Law specifically FMLA Rights
Asked on Jun 27th, 2018 on Human Resources Law - New York
More details to this question:
Ive had an intermittent FMLA for the past 2 years... I work for the Department of Health and Mental Hygiene. My immediate Supervisor has been giving very bad evaluations stating that because of my intermittent FMLA i am unable to meet Agency Standards or to meet the physical demands of my position. I am a Registered Nurse working in the School environment.
1 ANSWER
You must be able to perform your job duties with or without reasonable accommodations.
Is intermittent FMLA helping you do so? Have you asked your health care providers about other accommodations.
The Family Medical Leave Act does not "protect" anyone's job if an employer documents that during the time you are on the job you are not meeting expectations.
For example, if everyone else's error rate is 2% and yours is double you may not be performing to standards. The key is equal treatment of performance while you are actually there.
Do you need an assistant to keep work flow going while you are not there so you are not overwhelmed every time you return? More importantly, would providing one create an undue hardship and therefore be unreasonable?
Answered on Jun 28th, 2018 at 5:14 AM