Legal Question in Medical Leave in Pennsylvania
FMLA holding my position
If I use the FMLA during maternity leave, does the company I work for have to hold my same exact position and hours for me?
1 Answer from Attorneys
Re: FMLA holding my position
It depends on the particular position and the company. In general the company must hold your position for you. But if it would be detrimental to the company to do so they may hold a similar position and duties for you.
The situations are highly fact specific and there has not been a great amount of guidance on this area yet. Generally a company will hold the exact position because that is the easiest way to handle tha matter. If you get back and the position has materially changed then you can complain through the proper channels to get satisfaction.
If I can help further on this or any other legal matter please feel free to get in toch with me.
Roger Traversa
The Arjont Law Firm LLC
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