Working Matters

Q: I am getting ready to return to work after my second maternity leave in three years, and I’m dreading my evaluation.

After I returned from my first leave, my boss criticized me in an evaluation for not completing two projects before I went out. But my doctor took me out early, and I was unable to complete the work, which I was wrapping up.

Do I have any recourse if it shows up in my review again? My raises and promotions are affected.

A: The federal Family and Medical Leave Act might offer you some protection.

Under that act, qualified employees at companies with at least 50 workers can take up to 12 weeks off for serious medical conditions. Pregnancy falls into that category.

Once you qualify for that unpaid leave, the company can’t penalize you for it, said Irv Miljoner, who heads the Long Island office of the U.S. Labor Department, which enforces the family leave act.

He said his office often handles cases in which employees and employers square off on whether an action against an employee was related to the leave or based on performance. “Either the employee is being hit with an adverse action because of the leave or because of legitimate performance issues,” he said. “It’s a matter of fact-finding.”

But he added, “If the employee was a poor performer, the FMLA cannot protect that employee.”

*Carrie Mason-Draffen can be reached by e-mail at [email protected].