Legal Question in Medical Leave in California
Returning to work after FMLA
Upon returning to work after taking maternity leave and 4 weeks of vacation I was notified that the work schedule which I have had received for the past 4 years would be changing. The person now receiving the days off that I had has 12 years less time with the company and 3 years less time in my position. Upon questioning the decision, I was notified that while I was on leave the group chose days off and they did not wish to change schedules again. While on leave I was never asked about my scheduling preferences. I need to have these days off due to child care issues. Can days off or schedule preferencing be considered a ''benefit'' under FMLA? Additionally, I had heard that FMLA could be taken anytime in the first year after a giving birth to a child. Is this true? If so, what are the restrictions?
1 Answer from Attorneys
Re: Returning to work after FMLA
The employer's obligation is to allow you to return to the same or comparable position, with no loss of benefits. It does not address work schedules, and it would be difficult to argue that your change of schedule was directed at you due to the birth of your child. You could file a claim with the Department of Fair Employment and Housing and ask that they attempt to convince the employer to return you to your old schedule, but you will jeopardize your working relationship with your employer if you do so. If you have not already used up your maximum 12 week leave period, you may use the balance of the 12 weeks at one time or in increments within the 12 months period following the birth of your child, for child care. You need to provide the employer notice of your intent to take family leave whenever possible. For more information, contact the Department of Fair Employment and Housing.
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