When an eligible employee returns from, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties and responsibilities and equivalent skill, effort and authority.
Thedoesn’t clearly specify what privileges, perquisites and status qualify as “conditions of employment.” The meaning of “substantially similar duties and responsibilities” is murky, as is the phrase “substantially equivalent skill, effort, responsibility and authority.”
Consider the example of a manager who supervised 12 employees before taking FMLA leave. If, when she returns, she has responsibility for only four employees, she could argue that she no longer has the same authority. Eventually, the courts will come up with the precise definitions of these terms. But unless you li...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Be prepared to explain why offenses were similar but punishments differed
- Termination likely? Follow all the steps in your usual HR processes anyway
- You can insist: Employees waiting on FMLA certification must follow call-in policy
- Don't fire before knowing employee can't return from leave