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  1. #1
    Join Date
    Mar 2010
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    22

    Default Relocation After FMLA Leave

    My question involves labor and employment law for the state of: Missouri

    I have been trying to determine whether an employer may relocate an employee to another store after they return from FMLA leave. The employee would maintain the same benefits, pay and position, but would be relocated to a different store. I'm assuming there would be a concern as to how far away the other store is, whether it would constitute a hardship or something to that effect, but I cannot find information concerning this issue. Any help is appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Relocation After FMLA Leave

    why are they being transferred?

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Relocation After FMLA Leave

    Agree. Would this transfer had occurred even if the employee had NOT taken FMLA leave?

  4. #4
    Join Date
    Mar 2010
    Posts
    22

    Default Re: Relocation After FMLA Leave

    they are not being transferred as a result of their fmla. they are being transferred due to personnel issues at another store.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Relocation After FMLA Leave

    As long as the reason for the transfer has nothing to do with FMLA and would have happened anyway, you should be fine with the transfer.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Relocation After FMLA Leave

    Quote Quoting bassman1282
    View Post
    they are not being transferred as a result of their fmla. they are being transferred due to personnel issues at another store.
    so they would have been transferred even if they had not been on leave, correct?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Relocation After FMLA Leave

    You cannot select this employee for transfer BECAUSE of their FMLA. But their FMLA does not protect them from a transfer that would have happened regardless of whether they went on out FMLA or not.

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