Returning to Work After FMLA in North Carolina
Posted by Tamara
Many North Carolina employees wonder if their jobs are protected while they are on FMLA leave.
The federal FMLA (Family and Medical Leave Act) specifically states that an employee on FMLA leave must be returned to his or her job. In some cases, an employer will hire a replacement while the worker is on FMLA. However, when the employee returns, he or she must be returned to the same job. An employer who tries to make a full-time employee take part-time hours after FMLA, is not following the law.
Any time someone is hired to fill in for someone on leave, the new hire needs to understand that the position is only temporary. The proper response for the supervisor when the employee returns from FMLA leave, is to terminate the new hire.
There are conditions under which an employee returning from FMLA leave could legally receive a cut in work hours. If, for example, the company experienced lay-offs while the employee was on FMLA leave. Another example would include employees whose hours vary between the company’s busy season and its slow season.
For example, Jane works for a pool service company. During the busy season, she works 40 hours per week. In the slower winter months, however, her hours are normally reduced to 25 hours per week. If she takes FMLA leave, and returns during the slow season, reducing her hours is perfectly legal.
Brandon, however, works 40 hours per week all year long as one of 10 paralegal in a law firm. He takes FMLA leave for six weeks. His supervisor hires a replacement. When Brandon returns, his supervisor informs him his hours will be cut to 20 hours, so that the replacement can also have 20 hours. None of the other paralegals hours were reduced. In this case, the supervisor is violating FMLA law.
The U. S. Department of Labor Wage and Hour Division enforces the FMLA. The law prohibits employers from using FMLA leave as a negative factor in hiring, promotions or any other employment action.
Last 10 posts by Tamara
- Louisiana Employee Privacy Act - April 20th, 2011
- FMLA 101 – Mississippi Maternity Leave - April 19th, 2011
- Florida Overtime Update - April 18th, 2011
- Delaware Paid Holidays - April 15th, 2011
- North Carolina Employee Privacy Act - April 14th, 2011
- Wisconsin NLRA Poster Requirement - April 13th, 2011
- Ohio Maternity Leave - April 12th, 2011
- Georgia Overtime Update - April 11th, 2011
- Oklahoma Paid Holidays - April 8th, 2011
- Maryland Overtime Per Diem Update - April 7th, 2011