Does the restoration of position in fmla mean same hours, same duties or can boss change it?

Am about to return to work after maternity leave. asked to change my hours from 9:30 - 5:30 to 7 to 3. two other men in my workgroup have these hours. am the only woman in this group. was called in for a meeting in which we discussed new hours and duties that would require me to come in at 6 am. sounded enticing and said i would like to give it a try. however not sure i can't make it work child care wise. i asked what would happen if i can't make it work, specifically if this is the only job i can return to. they won't tell me if this is the only job i can return to. can they do this?

1 answer  |  asked Oct 27, 2009 2:53 PM [EST]  |  applies to Pennsylvania

Answers (1)

Andrea Mertz
Before I respond, please note that I do so without full knowledge of your position and your employer. This post is meant for general information and does not constitute legal advice.

Upon return following FMLA leave, your employer is responsible for returning you to an "equivalent position". This usually is defined as a position with the same terms of employment, benefits and pay. For example, you cannot be returned to a position that would result in a reduced salary unless you are in total agreement with such a position.

You may try to negotiate with your employer different terms such as your work hours. Under the FMLA, your employer does not necessarily have a duty to accomodate your child care needs. However, you may be eligible to take intermittent FMLA leave if you need to in order to continue working and take care of your child. I would need more facts as this is area is fact specific.

A separate concern of mine would be the fact that male employees have been offered alternate work schedules and you believe you have not been offered similar options. This may bring up a second area which is sex discrimination under Title VII and the Pennsylvania Human Rights Act. Again, I would need more information to comment.

Please feel free to contact me in the soon future to discuss these matters further at the phone number and addresses provided below.

Andrea E. Mertz
Waldman Law Group, P.C.
3 Park Plaza
Wyomissing, PA 19610

610-898-8500
amertz@waldmanlawgroup.com

posted by Andrea Mertz  |  Oct 28, 2009 06:28 AM [EST]

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