Legal Question in Medical Leave in Illinois

Family Medical Leave Act

My son works at Wal-Mart in Canton ILL. He was injuried on his four wheeler and has been off work on the FMLA. He has found out that they have replaced him. He returns to work on 12/10. Which is under his 12 weeks. Can they replace him and give him a different position. Or do they have to give him his position back. He wants to come back at the same position. They even told him he could not come back til he could 100% do the same job. If they were changing his job he could had went back sooner.


Asked on 11/27/07, 10:08 am

1 Answer from Attorneys
Charles Watson Watson Law

Re: Family Medical Leave Act

Under most circumstances the employer must return him to the same or a comparable position. It sounds as if the employer is putting him in a different position and trying to get rid of him.

More details would be needed before a good answer could be made. You need to contact an employment attorney.

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Answered on 11/27/07, 5:43 pm


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