While employees are off work on
Not necessarily, as the following case shows.
Recent case: Monica Devine underwent fertility treatment and became pregnant with twins. She took FMLA leave from her job as an insurance agent for Prudential, where she had a small office space in a room that doubled as the break room.
Devine claimed that when she returned to work, she discovered that her files and belongings had been relegated to the basement. She quit and sued, alleging the change in her office was a denial of her right to return to the same or an equivalent position.
No dice, concluded the trial court. Rearrangement of office furniture and files is not the sort of thing the FMLA meant to cover. At best, the changes were minimal.
It dismissed the case. (Devine v. Prudential Insurance, No. 03-3971, DC NJ, 2007)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Check your FMLA policy: Does it comply with new leave expansions?
- 12 weeks? 26? 38? Counting time off when caregiver leave and FMLA overlap
- Temporary illnesses and injuries aren't disabilities
- RIF? Make sure layoff decision-makers don't know workers' FMLA status