Legal Question in Medical Leave in Georgia

IS IT LEGAL?

Under the FMLA, an employee is entitled to return to the same position or to an equivalent position. Pursuant to 29 CFR 825.215(e)(2), "An equivalent position must have substantially similar duties, conditions, responsibilities, privileges and status as the employee's original position." Further, subsection (e)(2) states "The employee is ordinarily entitled to return to the same shift or the same or an equivalent work schedule." If by working a different shift, you are paid less, have less seniority, get less benefits, or somehow do not receive the same or equal position, the company may be breaking the law.

You can find the full language of the statute at the following US Department of Labor web page: https://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.215.htm.

HOW DO I GET MY SHIFT BACK?

1. Consult a Georgia employment lawyer who can discuss the specifics of your case.

2. If I was in your shoes and could not afford an attorney, I would print out the statute from the web page, highlight Section (e)(2) and bring it to my company HR. I would politely tell them that I think they are violating FMLA by refusing to return me to my original shift. I would show them section (e)(2) and give them a chance to discuss it with their company lawyers. I would follow up with an email saying something like "this is to confirm our conversation today regarding my belief that the company is violating the regulations of FMLA, specifically 29 CFR 825.215(e)(2) by refusing to allow me to return to my usual work shift. By failing to return to me my usual work shift, the company has failed to provide me with an equivalent job under FMLA. As such, I request that the company return me back to my 3rd shift, as well as ____, ______, and _____."

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******