In Michigan, Lynette returns to her job after a 12-week FMLA absence. He employer tells her that even though she had a 40-hour job, while she was gone, he replaced her with Suzette.  Her boss likes the job both women have been doing and thinks he is being fair by keeping them both. He gives them each 20 hours per week.

The Family and Medical Leave Act or FMLA is a federal law that provides unpaid job-protection to workers who must take a medical leave, to bond with a new baby, or to take care of an immediate family member with a serious health condition.  A worker under FMLA is entitled to return to work with the same working conditions, benefits and pay as when she left.  Therefore, Lynette’s employer has made the wrong decision in cutting back her hours in order to keep both employees and, unless he has a different position for Suzette, he would have to terminate to protect Lynette’s 40-hour position.

In a different example, while receptionist Suzette was on FMLA leave the company is in a tough financial situation and her employer is forced to reduce the receptionist’s hours.  This decision would be legal as long as the decision was not based on Suzette’s being on FMLA leave. 

The U.S. Department of Labor’s Wage and Hour Division is the department, which enforces FMLA regulations.  Within those regulations, it is illegal for an employer to make negative employment decisions against employees because they have taken FMLA leave. This includes employment decisions such as disciplinary actions, hiring, promotions, training, pay and scheduling.

If Suzette’s employer were frustrated with the amount of time she has been taking for FMLA and decides that he is going to teach her a “lesson” by cutting her full-time hours to part time, this would be illegal. Suzette would have a cause for action against her company.

Last 10 posts by Tamara

• Disciplinary Notices in Texas - April 21st, 2008
• Texas ADA - April 21st, 2008
• Age Discrimination in Tennessee - April 21st, 2008
• Religious Discrimination in Nevada - April 21st, 2008
• Intermittent FMLA in Michigan - April 21st, 2008
• Age Discrimination in Texas - April 18th, 2008
• Disciplinary Notices in Rhode Island - April 18th, 2008
• Nevada ADA - April 18th, 2008
• Religious Discrimination in Maryland - April 18th, 2008
• Intermittent FMLA in Maine - April 18th, 2008

This entry was posted on Tuesday, June 17th, 2008 at 6:12 am and is filed under Labor & Employment Laws, Maternity Leave Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.