FMLA and return to work question

[acf711acf]

What is the name of your state (only U.S. law)? FL

I have been on FMLA for a mental health issue - acute depression, anxiety. The issues I have are seriously impacted by the other 2 people in my office and my supervisor. There have been bullying issues, discrimination, etc that I won't go into here. I did bring the concerns and complaints to our corporate office (we are a nationwide company with several offices in many states).

My question pertains to my returning to work - once I am stabilized with my medications and able to function in my role again, (I will continue to have therapist sessions- which I had before the FMLA), it will not be in my best interest to return to the same office I was previously working in. To do so, would cause an exacerbation of my condition I have and be detrimental to my mental state.

I am looking for information as it pertains to my return to work with the same company with a stipulation being that I be placed into another office within the company that has an identical position open. Can that request be made, would I have any standing on it being a deciding factor of whether I can resume my employment with the company. I love what I do and appreciate everything the company has done for me and I understand they have worked hard to rectify some of the issues that impacted my being out on FMLA and STD. I would very much like to stay working with them.

Would I have any recourse if they said I had no choice but to stay with the same office?

Thanks.

 

[cbg]

I cannot answer that question without knowing the answer to this one.

Is there, or will there be at the time you return from FMLA, an OPEN position that would have to be filled anyway, that is equivalent in all respects (wage, status, benefits, approximate commuting time, etc.) to your current job and that you are qualified to perform, but is in a different office?

 

[acf711acf]

There is, or will be a position open that is comparable to the one I currently hold in another office. The only discrepancy could be the commute time, however I am ok with a longer commute.

 

[acf711acf]

I understand the returning to work before my FMLA is exhausted. Thank you for answering my questions. I appreciate your help.

 

[cbg]

Then at least as far as the FMLA statute is concerned, the employer would not be in violation of the law if they moved you to that position. However, again as far as FMLA is concerned, they are not obligated under the law to do so.

Under FMLA, they MUST return you to either your own job or one that is equivalent in all respects. However, the statute does not give you the option of choosing which job to return to. That opt is with the employer.

You can certainly request that they place you at the other location. However, there is no law you can invoke that will force them to, and they will not be in violation of FMLA if they refuse.

ETA: The above applies as long as you return to work before or immediately upon the end of your FMLA. If you exceed your FMLA, then the law doesn't give a hoot where or whether they return you to work.