Can you legally give someones job away if they're gone for 2-3 months on medical leave?

Question

Can you legally give someones job away if they're gone for 2-3 months on medical leave?

Someone is doing it to my mother, they're giving away her full-time job and forcing her to go part time for lower pay. Wondering if legal actions should be taken.

Answer 1

I would get everything in writing FIRST from the employer.

FMLA Family Medical Leave Act SHOULD cover this.

Your mother should contact the State Wage & Hour Division and ask them what she should do. She might have to file a complaint on her company.

Answer 2

Laws may vary from state to state, but in general, you are guaranteed your job for only a very limited period of time. After that, you are guaranteed a job at the same pay for a certain period of time, and then you are just guaranteed a job which doesn't have to be at the same salary.

Companies that employ only a small number of employees may be exempt from these laws though. Also, even if at a bigger firm, if the job is one that is necessary and can't adequately be staffed from within or trusted to a temporary employee, they may have the right to replace an ill employee.

Your mom should contact the local labor board and find out what her rights are.

Answer 3

If she filed for FMLA (family and medical leave act) her job is protected for up to 12 weeks but not longer than that. The trick is that most ppl don't know about FMLA and just ask for medical leave, personal leave, maternity leave, whatever. Human resource departments will not give you that information because it will mean being out of a productive employee for 12 weeks so if all your mom did is ask for medical leave and didn't sign anything for FMLA then yes then they can give her job away.

Answer 4

If she was at her job longer than 12 months AND filled out the appropriate paperwork for FMLA (Family Medical Leave Act), then her job is protected for 12 weeks. If not, then yes, they can. They can classify it under job abandonment or say she can no longer perform the functions of the job. If you are in an "at will" state, the employer or employee can terminate employment at will.

Answer 5

It depends on your local, State, and Union laws, but in many cases a company will have you sign (at the time of employment, and in some cases at the time of the beginning of the extended leave) a form that says in the event of a Leave of Absence (even an approved one) that they have no obligation to restore you to your position.

Answer 6

easily not. having stated that, i wager it relies upon on how heavily you're taking your interest. in case you adult males stay 2 minutes faraway from one yet another then you definitely truly do not favor to have sex at artwork. evaluate this, someone unearths out-someone snitches-someone loses their interest. is two minutes of ecstasy truly nicely worth it? there is easily not something incorrect with having a strong libido and wanting a "sex-purely" courting. see you later as you relish it. yet imagine about it, at artwork? You adult males can't bypass out someplace for a lunch wreck and then do the deed? i do not imagine that's nicely worth getting stuck and fired over it.

Answer 7

If she was granted leave and did not pass the return deadline.....employers are NORMALLY required to return the employee to an equal pay/position......there's always exceptions, but generally speaking if she held to the terms of the leave, she is entitled to a "like-position and pay."

Call your state labor board tomorrow.

Answer 8

depends on which state you are in - i was laid off before going on maternity leave - however i live in a "right to work" state which means they don't need a reason.

Answer 9

probably legal actions should be taken.
thats wrong.
It was medical leave and they knew it!
they're dirty.

Answer 10

if she is under contract Yes!..or if she is full time worker for more than a year yes she can,sue them.