Is a job change legal when an employee is out on short term medical leave

I was out on medical leave for 6 weeks(legionelle pneumonia). Coming back to work I am told that all accounts and people who reported to me have all been removed. only explanation is they did not want me stressed. is this right? I have been with the company for 14yrs, and have been a supervisor for 13 with no complaints from the .
I have had a lot of system rights removed with no explaination. people out on maternity leave have not had a job change

1 answer  |  asked Oct 17, 2016 09:37 AM [EST]  |  applies to Massachusetts

Answers (1)

Kate Fitzpatrick
Hello -- There are not enough facts in your question to assess whether you qualify for the protections of the Family Medical Leave Act. I wrote a blog post here re some of the requirements to qualify here: http://www.doorwaysemploymentlaw.com/single-post/2016/07/25/Work-stress-is-starting-to-affect-my-health-Is-there-anything-legally-I-can-do-about-it I post so that you understand a little bit about how the FMLA works.

If you are entitled to FMLA protection, it requires that the employee be restored to the same job or to an
"equivalent job." An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other
employment terms and conditions, such as shift and location. The following worksheet goes into some detail: https://www.dol.gov/whd/regs/compliance/whdfs28a.pdf

Based on the information provided, I can't assess whether the job change you describe is an "equivalent" job for purposes of the FMLA (assuming the FLMA applies). In order to assess it, I would need a lot more detail about your job before and job after, as well as info around the size of the employer etc to determine FMLA qualifications.

posted by Kate Fitzpatrick  |  Oct 18, 2016 04:45 AM [EST]

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