Legal Question in Administrative Law in Missouri

Family Medical Leave Act

Employee took FMLA leave, returned to work, took off again and has been on again, off again for several weeks, she was a telemarketing supervisor, the employer replaced her position and has told her she can return at her same salary and at the same hours. She can carry her old title of supervisor but will not be supervising the same group because she is not consistently working a full time schedule and the organization requires a full time supervisor. As long as she is offered the same pay, the same hours, the same title but a different job, is this acceptable?


Asked on 6/12/03, 5:57 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Family Medical Leave Act

It certainly sounds like a "reasonable accomodation" to me. You might consider giving the Missouri Human Rights Commission a call and seeing what they think of it. It sounds like a perfect balance between what the act requires and what the employee needs.

Keep in mind, however, that a court or agency may take a different view, and you should probably consult with corporate counsel in order to obtain a solid legal opinion on all the facts before relying on my thoughts and comments here.

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Answered on 6/18/03, 12:09 pm


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