Legal Question in Medical Leave in Washington

Change of shift, while out on Family Medical Leave Act

My wife is out on FMLA, she has been informed by her employer that her hours of work will be changing. She will not beable to work these "new hours" because of our children. Where she works, her peers determine the hours the employees work, she was not notifed of the meeting, when the other employees decided to change her shift. Now she must tell them if she is coming back (at the new hours), or if she is going to quit. Can she force them to lay her off or force them to give her the old hours back?


Asked on 1/10/98, 2:09 am

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Change of Shift - Equivalent position

The FMLA requires that an employer who is subject to the Act must return the employee to the same or "equivalent" position when the employee returns from leave. The regulations pertaining to the FMLA state that "An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status". There are limitations and other requirements which could affect whether and to what extent the new position can vary from the old job before it will not be seen as "equivalent". The U.S. Department of Labor is charged with enforcement of the FMLA, and its local office should be able to tell you what it would consider to be "equivalent". You should consult an attorney to determine how the particular circumstances affect your wife's rights.

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Answered on 1/13/98, 12:54 pm


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