Can an employer in California postpone promotion due to three weeks of emergency medical leave?
My sister had emergency surgery (one of her ovaries died and had to be removed) and returned to work today to be told that she can’t be considered for promotion for three months due to the fact she was on disability leave for the past three weeks. She has been passed over for promotion for the past year although she has been performing the duties of manager for the past year and having had customers call the district manager and commending her stellar performance and recommendation to be manager. Is it legal to deny her the ability to be promoted due to her medical leave? She has had a stellar work record as well as an excellent attendance record.
She needs to talk to an HR attorney.
It appears they are retaliating against her for going out on disability (this is not allowed).
November 18th, 2009 at 9:55 pm
She needs to talk to an HR attorney.
It appears they are retaliating against her for going out on disability (this is not allowed).
References :
November 18th, 2009 at 10:38 pm
Promotions are at the discretion of the employer. The can give them when they want to or not. There is no law that says they have to give promotions. In your sisters case I would think they are being careful to make sure she is able to do the entire job after her leave.
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