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  1. #1
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    Jul 2008
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    Question My Job Position Was Changed After FMLA

    My question involves labor and employment law for the state of: Indiana. I recently went back to work after 12 weeks of fmla and 14 additional weeks of short term disability. I was not notified of when the fmla began or ended by the employer , as i rec'd short term disability for 26 weeks total. upon returning to work, they changed my job title and gave me a whole different position. Everything else stayed the same eg..benefits, pay etc...My question is simple, can they legally change my job description and a whole new position in their corp.?

  2. #2
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    Jul 2005
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    Texas
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    Default Re: My Job Position Was Changed After FMLA

    Quote Quoting tbbmsc
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    My question involves labor and employment law for the state of: Indiana. I recently went back to work after 12 weeks of fmla and 14 additional weeks of short term disability. I was not notified of when the fmla began or ended by the employer , as i rec'd short term disability for 26 weeks total. upon returning to work, they changed my job title and gave me a whole different position. Everything else stayed the same eg..benefits, pay etc...My question is simple, can they legally change my job description and a whole new position in their corp.?
    Yes they can as you were out longer than the 12 weeks which is all the law protects your job for. If you had come back within that 12 weeks than the answer would be no.

  3. #3
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    Jul 2008
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    3

    Default Re: My Job Position Was Changed After FMLA

    ok but which 12 weeks am I to go by? the first or the last? I wasnt informed of any fmla dates by my employer and if we went by the last 12 weeks then im entitled to my job back? according to fmla law i should get my position or equavaliant back. the owner of the company e-mailed me in reference to the fmla and stated " Its my understanding that the company's legal requirements for fmla are, that upon a person's return, we must offer a position with the same hours and the same pay.The company is not obligated to offer a previous specific position" the fmla laws reads a little different. in fact discrimination of fmla states - CHANGING THE ESSENTIAL FUNCTIONS OF THE EMPLOYEES JOB TO PRECLUDE TAKING OF FMLA LEAVE. It also states that there is a federal rule that employers have to report to the employees the fmla dates otherwise who is allowed to determine them for a specific case? And who is responsible to handle federal rules that were broken? Do i have a case to at least complain and possibly get my job position back? Also while i was on leave, the DR. office reported to me that the HR person had called several times inquiring about my health and medical issues so much that the dr. office told her that she is in violation of HIPPA and they told me if she didnt stop she could end up in a big law suit. isnt this a form of invasion of privacy and her breaking the law? I informed the owner of this too and of course there was no response. Any suggestions? these people are ruining my life literally. I have kept the copies of the company's emails because I also have been discriminated against & harrassed prior to my leave and I have proof that i would like to share with you if you think you really can help me. I have months of proof on various mgmt that discriminated me by going over my head, going behind me and going around me as far as my job functions. in other words I didnt exist in this company a long time before i took leave. these mgmt. people went to everyone else that i worked with to request that they do my job functions and left me out on most everything. ive been at this building 11 years now and the job they have me doing now is so be-littling of me I cant hardly take it. please take a long look and see if there are any loop holes or anything you can think of to help me. sincerely tbbmsc

  4. #4
    Join Date
    Jan 2006
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    Default Re: My Job Position Was Changed After FMLA

    total.

    You were off more than 12 weeks so FMLA does not apply and they can fire you or alter your job title, position, pay, and anything else they want.

    You have no FMLA protections once you are off more than 12 weeks in any one year. You surpassed that limitation so there are no protections for your job.

    HR person had called several times inquiring about my health and medical issues so much that the dr. office told her that she is in violation of HIPPA and they told me if she didnt stop she could end up in a big law suit.
    Somebody is lying here. There is nothing illegal about asking anything they want to ask as often and as many times as they want. What would be illegal would be for the doctors office to provide protected information without your consent. Your employer was in no way in jeopardy of committing any illegal acts. The doctors office is the only party that had anything to worry about in this deal.

    I have months of proof on various mgmt that discriminated me by going over my head, going behind me and going around me as far as my job functions.
    that in no way is illegal discrimination. You may not like what they did but it was not illegal nor discriminatory.

    ive been at this building 11 years now and the job they have me doing now is so be-littling of me I cant hardly take it.
    then it looks like it is time for a new job, They are entitled to have you do any work they want anytime they want. They can make you be janitor tomorrow if they wish and sweep the roof of the building the next day if they want. The company gets to decide how they operate their business.

    from the department of labor:


    JOB RESTORATION

    Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

    In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to
    before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy.
    I think you may be putting more into "an equivilant job" than is required by the FMLA.

    all of this is a moot point since you have been out of work in excess of the maximum protected period of 12 weeks. Unless there is some state law in opposition of it, they did not even have to offer you any job what-so-ever. They could have simply said goodbye and here is your last paycheck.


  5. #5
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    Massachusetts
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    Default Re: My Job Position Was Changed After FMLA

    Except that it isn't the last 12 weeks of your leave, it was the first 12.

    On week 13, day 1 of your leave, it was no longer FMLA and NO job protections, including the right of reinstatement, applied any longer. Your employer could legally have fired you. Changing your job was not only legal, it was more than they were required to do by law.

  6. #6
    Join Date
    Jul 2008
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    3

    Default Re: My Job Position Was Changed After FMLA

    ok, but who can i file a compaint with on the lack of fmla date notification? i know its a federal rule for the employer to provide those dates and they did not. they have given me a job that they know full well i cannot do. i feel like they are trying to get rid of me and hoping ill quit. the real truth is i do have a discrimination case because i have proof not only a paper trail but several co-workers who know the whole story and are eye witness to the discrimination ive went through since spring of 2007. they are willing to testify on my behalf. some of them have been discriminated against and some have not but they are all willing to help me. there are approx 11 people most of which that are still employed there. i need to know as much info as you can give me as my next step will probably be to file a suit. also our representative is aware and also working with me. i would appreciate positive feedback and resources if your permitted thanks

  7. #7
    Join Date
    Dec 2005
    Posts
    200

    Default Re: My Job Position Was Changed After FMLA

    While you may think, or hope, that you have a case of illegal discrimination, none of the information you have provided suggests that you do.

    What date notice do you think your employer failed to provide?

    FMLA is a federal statute enforced by the US Dept of Labor. You should contact DOL's Wage & Hour Division if you wish to file a complaint. See http://www.dol.gov/dol/topic/benefits-leave/fmla.htm.

  8. #8
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    Jan 2006
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    Default Re: My Job Position Was Changed After FMLA

    Quote Quoting tbbmsc
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    ok, but who can i file a compaint with on the lack of fmla date notification? i
    You really don't get it, do you.

    If you are like this at work, I'll bet they are trying to get you to leave and there is nothing illegal about that, per se. You had more than double the amount of time off that FMLA protects so they can walk up to you today and fire you and you have no recourse.

    Whether the FMLA leave was the first 12 weeks or the last 12 weeks of the 12 in the middle makes no difrerence. You had the 12 FMLA allowed weeks plus an additioanl 14 weeks which are not covered under the FMLA. Beginning at day 85 of your total time off, you were no longer protected by any FMLA rules.

    I wasnt informed of any fmla dates by my employer and if we went by the last 12 weeks then im entitled to my job back?
    Well, even if this were true, it HAS to be the first 12 weeks you are entitled to FMLA. The decision is not made by the employer or you, it is made by the law. When a leave is FMLA eligable, it must be treated as FMLA leave so that makes the first 12 the FMLA leave.


    So, since you want to attempt to claim the employer has broken the laws; how about you tell us how you knew it was FMLA leave (any of it).

  9. #9
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    Jun 2006
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    Massachusetts
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    Default Re: My Job Position Was Changed After FMLA

    I also suggest that you look at Ragsdale v. Wolverine, a US Supreme Court case from 2002. In it, the Supremes clearly determined that as long as the lack of notification does not result in your losing benefits which you would have received if you had received the notification, the failure of the employee to provide notification is irrelevant.

    Unless you are prepared to show that if your employer had notified you that FMLA was the first 12 weeks and not the last, you would not have taken the additional 14 weeks of leave, this would in my opinion fall under Ragsdale.

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