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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default Jobs Being Switched After a Medical Leave

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

    I have worked for a company for over 14 years in the office. I started part time and was put on full time 6 years ago. I work in a restaurant office where my duties included accounts receivable, inventory, ordering office supplies etc. I have filled in as a cashier when needed.

    I had to take off 5 weeks of work to have open heart surgery. The company paid me 4 weeks sick leave and the balance was paid as my vacation time. I have been told by the doctors that I should go back to work on a part-time basis. When I called my supervisor to work out the details I was told that I now have a new job. I work 30 hours a week from 9-5:00 p.m. and on Saturday and Sunday from 9=12:00 pm.

    My new job is to be a cashier from 4:30-10:30 pm 5 nights a week.

    My question is do they have the right to change my position without asking or consulting me? Thanks for any insight you can provide.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Jobs Being Switched After a Medical Leave

    Possibly. A few questions:

    How many employees does your employer have within 75 miles of your location?

    How long does your doctor think that you will need to be at part time?

  3. #3
    Join Date
    Oct 2011
    Posts
    3

    Default Re: Jobs Being Switched After a Medical Leave

    The company has 4 locations with approximately 200+ employees not all are full time, it is also a family business.

    I will probably have to work part-time for at least two weeks. Hopefully not any longer.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Jobs Being Switched After a Medical Leave

    Then your employer's position is questionable at best. This is a case where circumstances matter. Technically he does not need your permission to change your job; however, there are situations where he may have to defend the legality of the situation.

    Just to be clear, however, you have not technically answered my question and it DOES make a difference to the answer, so I'm going to ask it again as a yes-no. I'm not being obstructionist, it really does make a difference to the legality of your employer's position.

    Yes or no. Are there at least 50 employees within 75 miles of YOUR location?

  5. #5
    Join Date
    Oct 2011
    Posts
    3

    Default Re: Jobs Being Switched After a Medical Leave

    Yes the company employes over 200 people within a 75 mile radius.

    Most are kitchen and waitstaff which are part-time and approximately 30 people are full time.

    Hope this helps.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Jobs Being Switched After a Medical Leave

    Full and part time doesn't matter - thanks for the clarification.

    I think it would be worth your while to talk to an employment attorney, or at least contact the US DOL and inquire as to whether your FMLA rights were violated. It's not a sure thing, but I can't rule it out.

    Please take note, though, that the violation is not in changing your position without your consent. Under most circumstances, the employer can change your position with no notice and if you don't like it, you can leave. In THESES SPECIFIC CIRCUMSTANCES, however, because you had been on a medical leave that by all accounts was probably a protected leave, he had an obligation to return you to a position that was the equivalent to yours in all respects. It did NOT have to be the identical job that you left, but it did have to be equivalent.

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