Q: When, if ever, does taking time off under the FMLA legally affect promotions? If an employer always takes length of experience into account when deciding which employees to promote, what if two people end up with the "exact" same length of experience, with the exception of one having been on FMLA leave for 12 weeks?
In that situation, the person who wasn't on FMLA leave would have more experience and generally would be the one to promote. Is that illegal under the FMLA, and if so, what do you do about it?
Get the answer to this and other FMLA questions from this essay from the West Virginia Employment Law Letter.
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