Legal Question in Medical Leave in California

Comparable employment after FMLA
Per your web site, it states...Upon the employees return to work, the employer is obligated to reinstate them to their prior position of employment, but if that job is no longer available, then the employer must offer the employee comparable employment. What does really mean? As a sales VP, I have a base salary and a variable compensation structure (base is ~55% of the toal package). Does this entire package need to be matched to be comparable? If my employer meets the salary, but the total package is ~40% less at 100% and no upside like in Sales, is this a FMLA violation?

Asked on 4/03/02, 5:17 pm

Ken Koenen Koenen & Tokunaga, P.C.

0 users found helpful

0 attorneys agreed

Re: Comparable employment after FMLA

Very possibly. If you have a significant track record of making more money through your past sales, this may be a form of discrimination.

Call me with more details, if you like.

Answered on 4/04/02, 12:41 am

Keywords

Match Any Match All

Country

State

Area of Law