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Job Elimination and FMLA

MJONESMJONES 9 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Employee goes on FMLA protected maternity leave. Her job is eliminated while she is out. There is another job with same pay but different start time, a two hour difference. Since her job would have been eliminated had she not gone on leave are we within the bounds of FMLA to offer the job with different start time? She has seniority in the department, do we have to consider her seniority?
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  • 2 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    If her particular job was eliminated and it was one of a kind, her seniority would be meaningless. If, however, you eliminated her position and there were other like-positions in the department and your RIF procedure typically installs a seniority factor, you're in hot water for not using it.

    Regarding offering her another position; you are required to bring her back to the same or a similar position in the company. Similar means similar in pay, hours, duties, assignment, status, etc.
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  • marcmarc 3,126 Posts
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    As Don is pointing out, the devil is in the details. Job elimination is a valid reason not to bring an EE back, but if the facts lay out the way Don illustrated, you have some back-pedaling to do.
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