Employees who takeare entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean can’t alter minor job duties, especially if the change legitimately makes good business sense.
The fact that someone’s job evolves slightly during leave doesn’t mean the change was related to leave or punishment for taking leave.
Recent case: Deborah, a bank teller, took three months of. Before she gave birth, her job included filling out government paperwork. When she returned, that duty had been transferred to the compliance department. She sued, alleging retaliation and interference with her .
The court threw out her lawsuit. It ruled that making logical job-duty changes while an employee is on leave isn’t illegal. (Perretti v. Alma Bank, No. 11-Civ-3925, ED NY, 2012)
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/32500/ok-to-change-minor-duties-during-or-after-fmla-leave "
- Good record-keeping, constant contact are key to successful FMLA administration
- Manager's insubordination wins protection
- What will Congress do for (or to) your business for the rest of 2004?
- Crack down on moonlighting during FMLA leave
- What should we do? Returning employee wants full-time work, we want part time