Legal Question in Medical Leave in Virginia

FMLA - Outsourcing

It has recently come to my attention that the dept I work in is being looked at for possible outsourcing. I am 7 1/2 mths pregnant, if my job is sent overseas prior to my 12 wks of FMLA how does that work ? My company pays the first 8 wks out as short term disability but my job is gauranteed for 12 wks under FMLA..I know that they are offering a severance package as well, should I expect that even if I am not physically working although still considered an employee ?


Asked on 3/16/07, 8:05 pm

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

Re: FMLA - Outsourcing

If your job is being sent to India (or wherever), your company is obligated under FMLA to return you to a similar position with similar compensation after your 12 weeks of FMLA leave is up, However, if no such position exists at that time, it my understanding that you can then be terminated(assuming that you're not agreeable to being relocated to Bangalore.)

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Answered on 3/22/07, 9:05 pm


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