FMLA issue..cutting of hours??

[cyaneye]

Hello All - A "friend" recently had a major illness (near death) which required 2 months for recovery in the state WA. Before she was rushed unexpectedly to the E. R. she was an H. R. Manager performing very well and highly respected. Beating the odds, she recovered and wanted to return to work immediately...much quicker than most patients with a similiar issue. When she returned, she was told her hours we being "cut" and she is now part-time. I understand FMLA protects someone's position and states that a person is entitled to return to the same job. However, does the FMLA cover a reduction in hours? How could a position be the same if the hours are less and thus the yearly income is reduced 50%? The day she returned, she asked if any others in the company had their hours reduced due to "cut backs" and she was told "not yet" but there "may" be others soon. The interesting thing is that the 2 other names mentioned as "possibilites" had prior issues and the H. R. department collectively planned to let these people go before her injury. Any help is greatly appreciated. Thank you.

 

[Beth3]

Yes, the FMLA requires an employer to reinstate an employee to his/her original position or one of equivalent status and pay if the employee returns to work within 12 weeks, provided changes in business circumstances that would have been made despite the employee's FMLA leave make that impossible.

The key question here is whether her change to part-time status would have happened regardless of her having taken FMLA. That's not something anyone here can answer. Since your friend is an HR Manager, she should know that she may file a compaint with the federal DOL if she thinks her FMLA rights have been violated.

 

[cyaneye]

Thanks for the help. Does FMLA techincally protect hours or just the position?

 

[Beth3]

Both. A position of "equivalent status and pay" would include the same number of hours as the job the individual had prior to his/her taking FMLA.