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  1. #1
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    Jul 2011
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    Default FMLA Used As Reason for Not Assigning Work

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

    During my review in April 2012 my manager told me I was not put on certain projects due to being on intermittant FMLA. Basically, I had an approved FMLA leave through November 2011 and sometimes I would take from one day to a couple of hours off due to a disability.

    It resulted in not being able to been seen as an exceeds employee vs. meets expecations employee. It also prevent me from getting a reserved parking spot, when several ladies who have less tenure than I we granted spots.

    All I want to know...is this legal or not?

  2. #2
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    Default Re: FMLA Used As Reason for Not Assigning Work

    Yes, you do not meet the criteria for certain projects due to your availability. A company perk is not protected by FMLA. You can walk like your co-workers.

  3. #3
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    Default Re: FMLA Used As Reason for Not Assigning Work

    An employee on intermittent FMLA may be "transferred" to a different position that better accommodates their leave schedule. I have no idea whether your FMLA status would have interfered in getting these projects completed timely; if so, then it was likely legal for your supervisor to assign the work to others.

    If you feel your FMLA rights were violated, then you're free to speak to an employment law attorney and/or file a complaint with the federal department of labor.

  4. #4
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    Default Re: FMLA Used As Reason for Not Assigning Work

    But doesn't there have to be some kind of communication about this before hand?

  5. #5
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    Default Re: FMLA Used As Reason for Not Assigning Work

    Quote Quoting sjw2481
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    But doesn't there have to be some kind of communication about this before hand?
    between whom and whom? Concerning what?

  6. #6
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    Default Re: FMLA Used As Reason for Not Assigning Work

    I think she wants to know if the employer has to tell somebody who is taking intermittent FMLA leave that they cannot accommodate intermittent leave for certain job duties or positions, and that the employee's exercise of her FMLA rights could result in her not being assigned to those duties or positions. I expect an employer would be reluctant to make such a statement, not only because it's not required, but also because the employee could interpret it (perhaps correctly) as pressure to not take needed medical leave. Also, if the employee is acting in good faith, such a statement won't change anything - the employee will still need and take the leave.

  7. #7
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    Default Re: FMLA Used As Reason for Not Assigning Work

    Quote Quoting jk
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    between whom and whom? Concerning what?
    Communication between my manager or HR and me, informing me that I will be not be peforming the same work as my peers until I am off FMLA?

  8. #8
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    Default Re: FMLA Used As Reason for Not Assigning Work

    Quote Quoting sjw2481
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    Communication between my manager or HR and me, informing me that I will be not be peforming the same work as my peers until I am off FMLA?

    According to everything I see in this EEOC explanation of employer responsibility they are perfectly within their rights to keep you in a position you can perform, that they feel does not put an undue hardship on their organization.

    http://www.eeoc.gov/policy/docs/fmlaada.html

  9. #9
    Join Date
    Jan 2006
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    Default Re: FMLA Used As Reason for Not Assigning Work

    Quote Quoting sjw2481
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    Communication between my manager or HR and me, informing me that I will be not be peforming the same work as my peers until I am off FMLA?
    no. Your employer can assign jobs as they wish without notice to you. You have no inherent right to any specific job assignment so there is no reason to tell you you aren't going to be assigned to any particular project.

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