Legal Question in Medical Leave in Florida

Re: Position/Job Responsibilities changed after FMLA & employer is trying to ter

First, FMLA protects your position as well as your job. You are entitled to return to an equivalent position. It sounds like the one they gave you is not equivalent, although the employer would probably argue that it is.

Second, you are supposed to return from FMLA leave. However, there is no set amount of time that you have to stay once you return. So, if they are making life unbearable, you can quit.

If you do, they can not sue you for insurance costs (they can, but it would not be a legitimate claim) because you did not agree to reimburse them if you quit before a certain amount of time elapses. Nor can they take money from your pension or any other fund. They can not legally withhold your pay either unless you agreed to paycheck deductions to cover debts to the employer. (Which I do not believe you would have anyway.)

Unemployment is different. You normally can not get unemployment if you quit. However, you can claim that your job was taken away so you were "constructivley discharged" - in other words, you had no choice but to quit and it is basically the same as being fired. I can not tell you whether unemployment will grant the benefits, but it it worth filing and seeing what happens.

Before you quit, ask your employer - either a doctor in charge or a supervisor, to put you back in your job. If they refuse, try to get it in writing. In any case, you will then have proof that you were denied your original job.

You can also call the US Dept. of Labor to file an FMLA complaint. Ask for the FMLA department and explain the matter. Perhpas they will take the complaint or offer other help or advice.

You can also negotiate with the employer. You could say it is obvious that they want you to quit and you are willing to leave either now or after 30 days if they do not fight your unemployment claim. If they agree, you should get them to agree that they will lay you off, rather than you resigning, so it will be clear that your lost your job involuntarily just in case they do fight the unemployment after all.

If you want to hire an attorney to negotiate with the employer, feel free to call me. I handle such matters for small, flat fees.

Good luck and congratulations on the baby.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.