Legal Question in Medical Leave in Massachusetts

Employers Responsibilities of FMLA Changes

I work for a nursing home.It was a Limited partnership with two owners. We were considered employees of the nursing home rather than either partner. One of the partners decided to leave so the other partner bought them out. We were told that as of 1/1/05 we would become their employees as opposed to the nursing home employees. I went out on a FMLA in 11/04 and returned 2/05 after we made the transition. When I came back to work they told me they were changing my anniversary date because of my leave which meant my raises, vacation accumulation time, etc. was going to be delayed by a few months. Can they do this even though 1. I technically was still employed by the nursing home until 12/04. and 2. I did not receive any documentation of the new owners policies. Since I've been back to work I came across one of their employee handbooks lying around and it says nothing about this rule. It has to be the new owners though because I had two previous FMLA's in the eight years I've been there and this never happened to me. The other thing is, they made me take all my accumulated paid sick, personal, and vacation time so should they have included those ''paid'' hours in when they calculated the moving of my start date?


Asked on 3/09/05, 11:02 pm

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: Employers Responsibilities of FMLA Changes

The problem with any question that involves an employee handbook is that a review of the handbook is required to give any thoughtful answer you might be able to rely on. Generally, handbooks are not contracts - and in most cases - they represent nothing at all. Some courts have even acknowledged that in some circumstances, some well placed language in the handbook can inform the employee that the employer really is not promising anything at all.

While it is possible that the change in your personnel status might be considered retaliatory under the FMLA, I cannot definitely say that is the case without more facts.

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Answered on 3/10/05, 10:13 am


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