Legal Question in Medical Leave in Indiana
Fmla
I understand that an employer has to place you in the position you held OR a comparable position after you return from FMLA. Does the employer have to pay you the same rate, do you have to have a new job title and description? What recourse does one have if the employer fails to comply?
1 Answer from Attorneys
Re: Fmla
The position should be at the same rate as the previous one. It may have a new title and description, but the pay, skill level and prestige associated with the new position must be equivalent with the former position. If you are not restored to the same or an equivalent position, you can bring a Federal lawsuit. If this is the case, you should contact an attorney. You can contact me at the number listed in my profile or at [email protected], if you would like.
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