Legal Question in Employment Law in Massachusetts
I have been out on FMLA leave for 5 weeks. I have received a call from one of my customers today who told me that she was told that I was out on a family medical leave, and she went to email me and got an email back stating that there is no such person. I called my extension today and they have a new woman in my position and have shut my email off completely. I can sign on from home and as of last tuesday they have removed my email. I though that they have to keep my position for 12 weeks and if I amout ofter that they have to keep me, but can place me in a different position with the same pay rate? please advise if this is legal. Thank you!
1 Answer from Attorneys
Since you don't provide any of hte specifics of your situation, it's difficult to respond in anything other than the most general terms. Did you follow all of the necessary and appropriate steps to qualify for leave? What arrangements were made with Human Resources prior to your leave? Has anyone from your company or HR been in touch with you since the inception of your leave? Have you provided any and all information and updates as they may have been required or requested? Have you spoken with HR since receiving this information? Do you believe your position has been terminated or that you have been (improperly) terminated from your position while on leave?
Perhaps before jumping to conclusions you might want to gather more facts and information. Perhaps someone is filling in in a necessary position which could not be left vacant for a period of 12 weeks? Also if the company can not return you to the same position, then they are supposed to place you in an "equivalent" position at an equivalent rate of pay, but that generally does not apply if you continue to remain out of work past the appropriate time granted for your leave.
I think you need to gather additional information before you can determine what if any action the company has taken and then whether or not they have engaged in improper or discriminatory actions.
Good luck & take care.
Sincerely,
Sue-Ellen Kresh