Legal Question in Medical Leave in Washington
fmla
ON march 31 04 my husband was granted a leave under fmla. he injured his shoulder and he is the meat manager of winco foods.on april 5 he went into work to submit some paperwork. he was brought into his bosses office and was demoted to a meat cutter .they claim its for poor supervisory skills and productivity.My question is ,once fmla is in effect can he be demoted like that?
1 Answer from Attorneys
Re: fmla
In general, an employer must not discriminate against an employee for taking FMLA protected- leave. Upon returning from such leave, an employee is generally entitled to be restored to his or her position or to one substantially similar in the terms and conditions -- pay, benefits, hours, prestige, promotability, duties, etc.
It is important to keep in mind, however, that merely taking FMLA leave does not isolate one from job changes that would have otherwise occurred regardless of the leave. For example, if a job restructuring was decided prior to an employer's knowledge of an employee taking FMLA leave, but implemented after the employer acquired such knowledge, the causal connection between the request/utilization of FMLA leave and the job restructuring would be severly attenuated if not completely undermined.
If your husband feels that he has been discriminated against for taking FMLA leave, he should consult an attorney for more specific legal advice.
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