denial of benefits, other

Recently placed on medical due to injury to right arm requiring surgery, not work related. I was informed by my company's HR department that during my leave, I would not be allowed to use the facility's fitness center, despite an MD order stating I could exercise areas of my body other than the injured arm. Do I have the right to contest this decision? The fitness center is advertised as a benefit available to all full time employees, and I have worked for this company for 9 years.

1 answer  |  asked Oct 30, 2013 04:59 AM [EST]  |  applies to New Hampshire

Answers (1)

Neil Klingshirn
You may consider asking HR for an explanation of its decision on the fitness facility. Assuming that you and the company are covered by the FMLA, the company cannot treat the taking of leave as a negative factor in its employment decisions, including whether to allow you to use an employee benefit. However, if the company has an evenly applied rule that puts the fitness facility off limits to anyone who is not actively at work, and a legitimate business reason to back it up, it may be within its rights to exclude you.

Once you get some more information on the company's justification, follow up with an experienced employment lawyer in your state.

posted by Neil Klingshirn  |  Oct 30, 2013 07:05 AM [EST]

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