Can an employer lower an evaluation due to employee taking sick leave

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Can an employer lower an evaluation due to employee taking sick leave

My evaluation was downgraded with a statement that due to taking
care of my health issues I was not a team player

Asked on July 17, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is, "it depends." If you used FMLA leave, you cannot be retaliated against for using it. If you used PTO (e.g. sick days) which you earned, you can't be punished for using compensation (sick days, etc. are a form of compensation) you earned. But if you took some other form of leave, such as "calling out" several days due to illness, etc., the employer may take your reliability into account in evaluating you. 


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