Dear Evil HR Lady,
I have an employee out on Family and Medical Leave Act (FMLA). His wife had a baby, and he opted to take the full twelve weeks of leave. I know this is the law, and we are holding his job for his return.
However, he’s on leave during performance review time. Bonuses are based on these reviews, and some of the management team feel like he doesn’t deserve a bonus because of taking 3 months off. Do we have to give him a review? Can we skip giving him a bonus?
To read the answer click here: Will Paternity leave hurt your career?
I strongly encourage anybody considering paternity leave to consult with an experienced employment lawyer. Lately I have been involved in a number of employment cases in which the employee got terminated during baby bonding/paternity leave. While you may have a right to this kind of leave if your employer allows it, your rights to this leave are somewhat unclear under various version of the FMLA. This is a prime example of an employment right you may have that causes you to be fired. In addition, the exact amount of time you can be out and when is a matter that an experienced employment lawyer must be consulted on.
Karl Gerber, Employment Lawyers Group