I work for a dealership that is covered under FMLA. It is a corporate business and they have more than 50 employees. I am pregnant and decided to take FMLA so I can return to work, I had written down for HR that my last day would be May 7th but the started my 1 week vacation on the 7th thru the 11th. I am on leave now and decided to check the positions at my job online, it seems they posted my job title without my knowledge. Is this something they can do? And if they are shouldn't they tell me so I know I won't have my job back. I m worried that I might not have a position when I return which is why I went on FMLA, but now I feel like it doesn't really help.
2007-05-14 05:31:53 · 5 answers · asked by cruz o 1 in Politics & Government ➔ Law & Ethics
The provisions of FMLA state that you must be able to return EITHER to your former position OR to one of like pay, benefits and other conditions of employment. Your company may either be hiring temporary help during your absence or may know of another position that will be available by the time you are planning to return. You may want to check with your HR department.
2007-05-14 05:37:52 · answer #1 · answered by jurydoc 7 · 1⤊ 0⤋
FMLA requires that you be given back your previous position OR an equivalent position.
You may or may not get your job back that you left, especially if your previous job was imperative to the smooth running of the company. Someone has to do the work while you are not there.
2007-05-14 12:39:33 · answer #2 · answered by Susie D 6 · 1⤊ 0⤋
FMLA should provide you with your position when you get back. I don't doesn't prevent the company from hiring a replacement while you are gone. A friend of mine was the secretary at our company, when she went on leave they hired a temp because they couldn't have the position sit vacant for 3-6 months. I don't believe they are required to inform you of any personnel decisions either.
2007-05-14 12:38:50 · answer #3 · answered by matt b 3 · 1⤊ 0⤋
FMLA is a legal act that forces your company to keep your job...however if they posted your job, it's possible their looking for someone to substitute until you get back.
2007-05-14 12:36:03 · answer #4 · answered by curlysax24 2 · 0⤊ 0⤋
I believe FMLA only requires that they give you a job when you come back. It doesn't require that they give you your job back.
2007-05-14 12:35:04 · answer #5 · answered by momofmodi 4 · 1⤊ 0⤋