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Return from FMLA after reduction in workforce

MarciaMarcia 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee who is returning from FMLA leave. When she left, she was in a full time non-exempt position. Now that she is coming back, she is coming back to a location that has reduced hours for everyone having her job code. No one is working full time anymore. What is fair (and legal) for us to do as she comes back? Can we reinstate her to the same position but at the same level of hours that the other people in her job are getting now? (We are looking at our other locations for an equivalent position for her too.) Any ideas?
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    Generally, the employee has a right to return to the job they left, as if they had never left. So if the whole department is laid off, and that employee, if he wasn't on FMLA would have been laid off, he can be laid off rather than brought back.

    In this situation, if all persons in the employees job code have reduced hours, and if he would have had reduced hours if he had continued working (rather than taking leave), he can now be given reduced hours.

    The company, though, needs to make doubly sure that this employee is not being given reduced hours because he was on leave.

    Good Luck!
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