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)
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- Employees can't claim retaliation if they're not FMLA-eligible
- Always verify FMLA eligibility before approving leave
- When worker returns from FMLA leave, it's OK to assign equivalent job at different location
- May we replace an employee on FMLA leave?