Can My Employer Give Me a Different Job When I Return from FMLA Leave?

When you go through the steps of determining whether your employer is covered for purposes of taking leave under the Family and Medical Leave Act (FMLA), you take time to determine your eligibility and to properly request FMLA leave through your employer, you should be able to expect that you can return to your job relatively seamlessly once your FMLA leave is over. Yet in some cases, employees return to work only to find that their employer has assigned them to a different job or to a different role upon their return. Is this unlawful?

It depends on the details of the case whether an employer has violated the FMLA by having you return to a different position than the one you had when you left for FMLA leave. Our FMLA lawyers in Palm Beach Gardens can explain in more detail.

Return to Work Requirements Under the FMLA 

The FMLA provides unpaid job-protected leave to covered employees, which means that you can take up to 12 weeks of unpaid job-protected leave for a range of family and medical purposes without worrying about your job being at risk. The point of job-protected leave is that your job will be protected for you while you are away from work on FMLA leave. What does this mean, exactly?

After you have taken FMLA leave and all requirements have been met for you to lawfully take the leave time, you are entitled under the FMLA to return to your “same or an equivalent job.” For employees who return to their same job, there are not usually questions about returning to work. But what happens if you return and your employer tells you that you have been assigned to a different job or position? The key to determining whether or not your employer has violated the FMLA is determining whether the new job is an “equivalent job” according to the FMLA.

What is an “Equivalent Job” According to the FMLA? 

When is a job “equivalent” for purposes of FMLA compliance? In other words, if you return to work after FMLA leave and you have been assigned a different job, how can you know if your employer has violated the FMLA?

According to the US Department of Labor (DOL), an equivalent job for FMLA purposes “means a job that is virtually identical to the employee’s original job in terms of pay, benefits, and other employment terms and conditions,” which usually includes the employee being able to return to “their original schedule and work location.” The best way to determine if a different job is likely to be considered “equivalent” is to seek legal advice. But if any of the conditions cited above have changed, then your employer may have violated the FMLA and you may be eligible to file an FMLA claim.

Contact a Palm Beach Gardens FMLA Lawyer 

If you have any questions about FMLA leave or your rights as an employee in a South Florida workplace, do not hesitate to seek legal advice. One of the experienced Palm Beach Gardens FMLA attorneys at Sconzo Law Office can speak with you to learn more about your situation and to answer questions and respond to your concerns.

Sources:

dol.gov/agencies/whd/fmla

dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections#:~:text=After%20using%20FMLA%20leave%2C%20an,other%20employment%20terms%20and%20conditions