Does anyone know the FMLA Laws?

Question

if anyone does by any chance... when a person comes back from work after a long Leave of Absence through FMLA can your job move you around and put someone else in you place?

Answer 1

Job Restoration
Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using (but not necessarily during) FMLA leave.


This is from the DOL web site about midway down the page
http://www.dol.gov/esa/regs/compliance/whd/1421.htm
the way I read it means a like job with at least the same pay and hours et cetera..


Wait something to add!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
under that was something called
"Key" Employee Exception
Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.

meaning if you held a job that when you left ... your being gone could hurt the company then they can replace you all together but would have to offer you another job once you came back...
but not necessarily your old one!!!!

Answer 2

I don't see anything about moving you around to a different position. Only that they cannot deny you a job. Maybe a lawyer will chime in here.

Q: Will I lose my job if I take FMLA leave?

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, salaried ("key") employees.

Answer 3

you cannot loose pay and your job is only guarantee for 30 days that exact position but if the co has an economic issues that is another story.

read up please and be informed.

they can replace your job while on leave too.

thank god for fmla. it was not around when i was younger. for mom;s this has been a godsend of a law.

if you feel you have been violate contact your states dept of labor to find out what to do or the feds at
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Answer 4

Well your job has to give you your current position and wages from before you left or find you something equivalent to it