Legal Question in Medical Leave in Ohio

restoration/harrassment

My husband is a supervisor for maintenance at a large retail chain. He recently took an approved 8 week leave on FMLA & short term disability. All paperwork was submitted to his company's HR department as required. Upon return to work, his direct boss has been asking him why he was off. He also asked me during his leave why he was off, as well as one of my huband's crew members who is friends with my husband outside of work and that employees wife was also asked. Is that legal?

Second question - upon return my husband was informed that the person who was his subordinate that filled in for him will not be relieved of his authority and is now basically over him. What makes it really bad is that this guy is inexperienced and only received the position based on the fact that he is a personal friend of my husband's boss. My understanding is they cannot change my husband's role with the company due to FMLA, unless he is notified prior to returning that his job is no longer available and then he must be given an equal job in it's place. Do we have a case and should we hire a lawyer?


Asked on 12/28/06, 2:49 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: restoration/harrassment

The FMLA mandates that your husband be restored to his former position or a comparable position. If this was not done, then you do have a claim for violation of the FMLA.

An issue to consider, however, is what sort of damage you have sustained. It does not sound like there is any economic damage right now, but there is not enough information to make any sort of determination of that issue.

If you would like to discuss this issue further, you can contact me at [email protected].

Read more
Answered on 12/30/06, 7:32 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in Ohio