Legal Question in Medical Leave in Wisconsin
medical leave act and termination
my wife was off work due to a medical condition for several months, she was told by her employer that she would have to take a different position or be terminated due to the fact that hers was filled...the other position is on a night shift, and she had been on a day shift, she has 7 years with this company, the person who filled her position has only one, can this company legally do this?
thank you very much
--name removed--nelson
1 Answer from Attorneys
Re: medical leave act and termination
If your wife was covered by the Family Medical Leave Act (federal) she had to be returned to an equivalent position. It doesn't sound like the position the employer put her in was equivalent. It also depends on how many employees the employer has and how long she was off work. FMLA is 12 weeks.
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