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Transfer after taking FMLA leave? That could be considered retaliation

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in FMLA Guidelines,Human Resources

If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. That’s true even if the transfer comes with the same pay and benefits. If the title seems less impressive or if there is less room for advancement, the move could be considered retaliation.

And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

Recent case

Carla worked for MMC Holdings as a customer service representative in its physician billing division. Her job was to answer the phone and speak with insurance companies, doctors’ offices and patients about medical bills.

For the first few years, she received consistently good reviews. She earned a promotion to supervisor in the customer service department and oversaw the work of four customer service representatives.

Carla began to complain that her new supervisor was ove...(register to read more)

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