Can my employer give my job away while I'm on FMLA?

Is it legal for an employer to demote an employee who is on an FMLA-covered short-term-disability?

1 answer  |  asked Sep 19, 2003 9:31 PM [EST]  |  applies to Oregon

Answers (1)

Craig A. Crispin
FMLA Reinstatement

An employee who qualifies for FMLA leave is entitled to be reinstated into his or her former position or an equivalent position upon return. FMLA leave is limited to 12 weeks. Under the Oregon Family Leave Act (OFLA), the employee is entitled to be reinstated into her former position (reinstatement to an equivalent position is not adequate). The employer remains able to fill the position temporarily or to eliminate the position, so long as the elimination is not discriminatory. A demand to return to work at the competion of the medical leave, within 12 weeks of commencing the leave, is required.

posted by Craig A. Crispin  |  Sep 19, 2003 10:01 PM [EST]

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