Legal Question in Medical Leave in Indiana

Position not held after return from FMLA
I was employed as a supervisor over the bartenders and cocktail servers in the beverage department of Harrah's E.C. Indiana riverboat casino. On 11/18/01 I went on a FMLA leave due to a back injury. My doctor released me to return to work on 12/09/01. My boss informed me that I had to attend a meeting with her and her superiors prior to my returning to my shift. During this meeting I was informed that I could take a position in a food outlet on property,(a position I had never held) on another shift which was a 45 hour work week instead of the 40 hour work week that I normally covered. When I inquired as to why I couldn't return to my position I was told that they strongly suggest that I don't chose to do so. I resigned as I was not hired for this position nor have I ever worked in this capacity. I was under the impression that an employer had to hold your position while you are on FMLA? Please advise Thank you

Asked on 1/12/02, 11:09 am

Mary J. Hoeller, R.N., J.D. Attorney At Law

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Re: Position not held after return from FMLA

No. Your impression is wrong. Good luck. I wish you the best.

Answered on 1/12/02, 11:27 pm

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