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Manager held to standards of employee out on FMLA California

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  • Manager held to standards of employee out on FMLA California

    I am a sales manager of a major corporation. I currently have an employee who is a commission sales person. She has taken FMLA leave for various reasons for part of 2009 and 2010. I was told that I cannot hold the employee accountable to company standards for hitting sales goals during her leave. I understand and I have no problem with this. However as her manager I am being held accountable for her sales goals and minimum standards for her sales territory while she was on leave. This affects my bonus as I am paid bonus based on the employee hitting their goals. I contacted management and was told that when an employee goes out on FMLA or other types of leave the sales manager is accountable and the employee on leave is not. Is this true do I have any recourse?

    Thank you

  • #2
    It is correct that an employee's FMLA leave cannot be counted against them. However, it does not say that the employee's manager cannot be held accountable for production standards if one of their reports is out on FMLA.

    Not saying it's fair, but I don't know of anything making it illegal.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      While I do not disagree with Patty's statements, I would want to be very careful in the details here. If you cannot legally terminate someone because they are on FMLA, I would argue that (for example) terminating the employee because they failed to meet sales goals that could not possibly have been meet BECAUSE the employee was on FMLA is just word games. If the employee posted their problem here, they would be advised to run to the nearest labor law attorney to file a wrongful termination claim. That would likely exceed.

      Kind of like Governor Arnold's famous quote that his major campaign donors are not actually "special interests", but rather are just rich powerful people who pay attention to politics. Right.

      It looks like a duck and quacks, it is a duck. Or at a minimum, someone can claim in court that it is a duck, and the court might agree with them. I would be very careful of talking an action against someone on FMLA that would not have otherwise been legal if I did not have a "sales goals" or "attendance" fig leaf to try and hide behind. I am fairly sure that the FMLA law does not list "sales goals" or "attendance" as exceptions to following the normal rules.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        The way I read the OP's situation is that HIS bonus is being affected by his department not meeting certain quotas because one of his employees is on FMLA leave.

        DAW, would that change your answer?
        Last edited by Pattymd; 07-02-2010, 11:48 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I read it your way Patty & agree with your answer. I agree with what DAW said though. (if that would have been the case)
          Last edited by Tom; 07-13-2010, 09:48 PM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            I would agree that the manager is in no way protected by a subordinate going on FMLA. I can think of a half a dozen things that would not involve FMLA, that the manager had no direct control over, that would also flush the manager's bonus. Katrina. The oil spill in the gulf. Non-FMLA absences. I think that the manager is out of luck.

            Does not change my answer as much as indicate that I failed to correctly read the original question and answered a different question then what was asked.

            Mea culpa.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Doncha hate it when that happens? You're excused.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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