Legal Question in Business Law in Virginia

I had to take FMLA due to having a surgery and not being able to perform my duties at work. My employer says I will have a job when I return however it may not be the position I left. The position I left had a M-F dayshift schedule and the job they want to put me in upon return from my FMLA will be dayshift but will require weekends to be worked pay and all other benefits would remain the same. Can my employer fairly do this under the FMLA law?


Asked on 10/30/14, 5:36 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, as long as the new assignment is essentially the same or similar

(particularly in regard to pay and benefits) to the one which you held previously before you went on FMLA leave, and, merely requiring that you now work weekends would not put it out of compliance with this FMLA requirement as described (in my opinion).

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Answered on 10/31/14, 7:50 am


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