The Houston-based Houston Ear, Nose & Throat Clinic will pay a former employee $17,390 after it failed to reinstate her to an equivalent position following. The requires employers to reinstate employees returning from leave to the same or equivalent position as the one they left.
The employee left a full-time position to take medical leave. When she returned, the practice placed her in a part-time job, resulting in fewer hours worked and less pay.
She filed a complaint with the U.S. Department of Labor, which led to an investigation that also revealed the practice failed to provide the employee with the required notice designating the leave as FMLA. It was also cited for failing to keep proper FMLA records and failing to maintain and use anthat complies with the latest .
- Leave FMLA out of your handbook if it doesn't apply
- Is it permissible to recover education reimbursements from final paychecks?
- Incentive pay hours don't count toward the 1,250 hours required for FMLA leave
- Balance ADA rights when worker returns from FMLA leave
- Take fast action to investigate apparent rogue supervisor