Legal Question in Medical Leave in Texas

Question about Intermintent FMLA

My husband went on Intermitent FMLA due to the medical problems with our son. Our son was hospitalized and during that time my husband worked. After his return home, he took off the week. He fully communicated with his boss during this. He has been back to work only one week. Just yesterday, she informed him that he was going to be placed on a PIP (personal improvement plan) for lack of communication during his time out of the office. Also, she told him that he was not doing the job he was hired for, therefore the job is being eliminated and he will be placed in a lower position with a pay cut of over 14K. Is it legal for the company to demote him while on Intermitent FMLA? His boss also decided to share with his peers why he was going on FMLA; and she also harrased my husband asking why cant your wife handle this. Can she do this? Also to note: this same lady released me from my job after I returned from FMLA when I broke my wrist last year. (Yes we worked for the same company)


Asked on 10/14/08, 10:11 am

1 Answer from Attorneys
Kell Simon Ross Law, P.C.

Re: Question about Intermintent FMLA

Your husband's supervisor's conduct indicates that she may have an intent to retaliate against him for taking FMLA leave to care for your son. Her demoting him is not per se a violation of the FMLA, though if he could show that the demotion was because of the FMLA leave, he may be able to challenge the demotion in court under a retaliation theory.

If you would like to discuss this matter further, please do not hesitate to contact me.

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Answered on 10/14/08, 10:22 am


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