Legal Question in Medical Leave in California

Return to job after fmla

Upon my return to my job after FMLA (Maternity), they moved my position 3000 miles away. They offered me the position, yet I have declined. Under FMLA are they obligated to FIND me an equivalent position (pay, geography and similar duties)? I have been told to look for and interview for a new position. Chances are any new position will lead to a lower salary. If I don't find any new positions, they WILL give me a severance package. Does this cover their obligation?


Asked on 1/03/02, 5:34 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Return to job after fmla

Not unless the severance package is very generous. The company appears to have failed to live up to its obligation to you. Now the question is what do you want to do about it. Many people do not want to return to an employer with so little regard for its employees. If so, negotiating a fair severance is probably in everyone's best interests.

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Answered on 2/05/02, 12:12 pm


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