• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Temp position OK during intermittent leave

by on
in FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

When employees take intermittent FMLA leave, it often causes logistical problems for employers. It’s hard to find someone to fill in during just those times when the employee is off.

One solution is to find another position for the employee who’s taking intermittent leave. That way, another employee can temporarily fill her old position on a full-time basis.

To do this right, follow a few simple rules: First, the temp position must pay the same and provide the same benefits as the old one. Second, it must be a position for which the employee is qualified. Finally, transfer to the temporary position must not constitute punishment for the employee’s protected right to take intermittent leave.

As long as you follow those rules, the temporary position can include different duties.

Recent case: Eileen Claffey worked for Wegmans Food Markets as an accounting office trainee. She also was trained to run the cash register. After several months of training, during which Wegmans never allowed trainees to work alone, Claffey applied for intermittent FMLA leave to care for a relative.

She told her supervisors when she would be available—not very much, it turned out.

Because Wegmans accounting trainees aren’t allowed to work alone, Wegmans offered to let Claffey work as a cashier on a schedule that fit her needs. She refused and sued, alleging that she was being punished for claiming her right to intermittent FMLA leave.

The court threw out her case, citing U.S. Department of Labor regulations and opinion letters. It said that a transfer to another position—that the employee is qualified to perform and which offers the same pay and benefits—is perfectly legal unless the temporary transfer creates a hardship for the employee. This transfer did not. (Claffey v. Wegmans Food Markets, No. 07-CV-6430, WD NY, 2010)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11515/temp-position-ok-during-intermittent-leave "

Leave a Comment