Legal Question in Medical Leave in Virginia

New Job Offered after FMLA

I was away from work for 8 weeks for the birth of my son. During my time off, my Manger was removed and our department was reorganized. During this time, my position was basically elimated. I was originally approved to be working fulltime from home when I returned to work. This was all setup before I left, but now, after returning, they are offering me another position, however, I cannot work from home. In my research I have found the following from ''elaws.dol.gov'' website ''A position that is equilivant to the former position in terms of pay, benefits and working conditions, including privileges, perquisites and status.'' Does this include working from home? Should I fight for another position that allows to work from home, or is this not part of the FMLA protection?

Thanks for your help.


Asked on 6/04/02, 12:47 pm

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

Re: New Job Offered after FMLA

Sec. 2614 (a)(1)(B)of Title 29 requires that any eligible employee who takes leave under section 2612(FMLA) "be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment."

It would appear that you could credibly argue that

the working from home arrangement which you have described could plausibly fit under the rubric of

"other terms and conditions of employment"(agreed to before you took FMLA leave).

However, having no knowledge about the facts of your particular employment situation, I can

only urge caution in suggesting how far and how vigorously you might want to argue this, but, nevertheless, I would think that it's at least worth bringing to your employer's attention.

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Answered on 6/04/02, 3:42 pm


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