Legal Question in Medical Leave in Alabama
Replaced While on FMLA
I recently discovered that my position as a retail manager has been filled by another employee permantly while I am on FMLA. When I asked my employer told me that I still had my ''title'' upon returning but couldn't tell me what job site I would be returning to work. I currently live about 60 miles from my work place. How far may my employer require me to transfer when returning from an FMLA. If it is far enough to require a move who is responsible for the exspense of the move? Are there any other loop-holes I should be aware of before meeting with HR upon returning to work? Thank you! Sick and Confused.
1 Answer from Attorneys
Re: Replaced While on FMLA
Sorry for the late response. But in general, a move to another facility would not necessarily be against FMLA policy as far as I can see. There are no cases on point, but in other areas of employment retaliation questions, the Courts have approved relocations of 60 miles or more as not sufficient evidence of retaliation.
Now if they are moving you from your established home in good 'ole bama to Bumfrigistan, Idaho, then that's another story. You are entitled to restoration at the same or equivalent position.
Best of luck, and if you have any other questions, please do not hesitate to send me an email at [email protected]
Sincerely,
Sterling L. DeRamus
Attorney At Law
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