Employers have to be able to count on employees to show up for work and do their job duties. The company suffers when employees don’t get their work done, which is why failing to show up or do those duties can lead to disciplinary action.
Some employees worry about how an employer will react when they have to take medical leave. When that leave is to address health issues or is protected by state or federal law, the employer can’t consider it a performance issue due to unreliability.
Retaliation is forbidden
Employees who take a medical leave that’s protected by law can’t face retaliation for the leave. This means that the employer shouldn’t make negative comments or take any negative employment actions, including lowering performance reviews, because the employee took the legally allowed time off.
This doesn’t mean that an employee who’s on medical leave shouldn’t face any disciplinary measures. If there are documented performance issues outside the scope of the medical leave, the employee can still face the same disciplinary measures as any other employee who has similar performance problems.
Differentiating between retaliation and valid disciplinary measures
It can be difficult to differentiate between retaliation and disciplinary measures. In many cases, documentation by the employer is the key to determining why the discipline occurred. Employees may also opt to keep records associated with their leave, work performance and any disciplinary measures they faced.
When employers don’t comply with labor laws, including those that allow employees to take medical leave, the employee may opt to take legal action. Working with someone who’s familiar with these laws and the options available for employees may be beneficial.