Returning to Work After FMLA in Connecticut
Posted by Tamara
In Connecticut, a full-time employee is returning to work after 10 weeks of FMLA. Her supervisor says that he has hired someone new, and can only give the returning employee half of her normal hours. The HR department says that he has to give her the same number as hours as she had before she went on leave. Who is right?
The FMLA (Family and Medical Leave Act) allows employees to take up to 12 weeks of leave for certain personal and family situations. This leave is unpaid and job-protected. When the employee returns to work, he or she should return to either the same job or a job with the same pay, benefits and working environment.
In the scenario described then, the HR department is interpreting the FMLA correctly. An employer may not use FMLA leave as a reason to deny a worker benefits, promotions, training or any other employment actions. The U. S. Department of Labor Wage and Hour Division enforces this law.
In this situation, the supervisor probably hired a replacement for the employee, which is understandable. He needed someone to do the work. His error was hiring a permanent employee. Instead, he should have hired a temporary worker with the clear understanding that the job would end upon the employee’s return.
Unfortunately, this option is too often overlooked.
If the company experiences a general reduction in force while the worker is on leave, however, that worker is subject to those lay-off conditions. In addition, employees whose hours vary depending on the season, can legally have their hours reduced is they return from FMLA leave during the slow season.
For instance, Greg works as a delivery driver for a florist. During busy holiday seasons, Greg works 40 hours a week. During slow seasons, he works 20 hours per week. If he took FMLA leave and returned during a slow season, his employer is legally able to reduce his hours.
Zoe is a loan officer in a large bank and works 40 hours per week all year long. When she returns from FMLA leave, her supervisor informs Zoe that she is no longer a loan officer, but an account manager. The hours are the same, but the pay and benefits are less. Plus, the account manager position is in another location. Unless all the loan officers are being transferred to other locations as account managers, this is a violation of FMLA.
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