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Discussion

FMLA

I went out on FMLA and I am scheduled to go back in July when I informed my employer that I would be returning she informed me that my job was no longer available and that I would now have to work 8 hours 5 days a week instead of 12 hours three days a week and that i would be transferred to an adult unit from the child unit. Having just had a baby the 5 days a week just don't work for child care especially since it could be any shift. This doesn't seem fair or right to me has this happened to anybody else? Is my employer allowed to do this? The FMLA law states that " the employee is to be restored to the position held by the employee when the leave commenced or to be restored to an equivalent postion with equivalent employment benefits, pay, and other terms and conditions of employment." I don't believe they are putting me an equivalent position and when I asked what position I would be in they said they will have to see where I would fit which to me means they have no idea.

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    • Featured Replies

    Why, specifically, do you feel that they are not giving you an equivalent position? It looks equivalent to me, based on your post.

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    I spent some time out on FMLA and my understanding is that if you were a full-time RN all they need to do is put you in a full-time RN position at the same salary. It does not mean the same unit, shift, etc.

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    Equivalent position means same pay scale, same number of hours. It is not shift specific or floor specific. You can check with human resources, but I believe they will tell you the same.

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    I agree with the above posters....the position that they are putting you in is equivalent. Notice that the FMLA quote does not say "identical."

    I try to also see these situations from the employer's/management standpoint. Is a unit supposed to work short for the duration of any and all maternity leaves? That's not a reasonable expectation.

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    • Author

    Thank you all for yor advice. I understand that I do not have to be given the same unit or shift but my hours are not the same I currently only work 36hrs/ week with full time benefits I will now have to work 40hrs/week to have the same full time benefits that is why I don't believe it's a equivalent position.

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    Thank you all for yor advice. I understand that I do not have to be given the same unit or shift but my hours are not the same I currently only work 36hrs/ week with full time benefits I will now have to work 40hrs/week to have the same full time benefits that is why I don't believe it's a equivalent position.

    LOL I never thought of it that way but I still don't think your argument will fly. You would have a leg to stand on if they cut your hours, but not if they give you more.

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    You're stuck. The minor variation in hours won't be enough to contest, at least IMO. It's still an equivalent position, despite the difference in shift. If you wish, you may consult an attorney, but to the best of my knowledge, the law doesn't require the employer to restore you to your exact position, area, shift, etc.

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    Sorry to say but they are giving you a full time position, whether its 36 or 40 it is still full time. That is all they have to do under the Family Medical Leave Act. Most places do try to hold the same position which creates great difficulty to the unit. If one unit can hire and replace easier than another, I can see them hire for your old position and put you in the unit/shift that they are having difficulty filling. Sorry :(

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    Were you gone for more than the 12 weeks? Is this an exceptionally small facility?Is this standard practice?? If they have allowed others to remain in their identical position while you were not, a case could be made that you are being punished for taking your leave. Would not hurt to consult an attorney.

    Best wishes.

    As a working mom it is so hard when they mess with your schedule!! Dont they know how hard it is to find good childcare??

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    They are only supposed to hold your position for a specific amount of time, then when you return, they are supposed to give you an EQUIVALENT position and salary-----doesn't mean they are supposed to give you something that is EXACTLY THE SAME. From what I understand, they are offering you a same full-time position with the same salary right? If they give you more hours or change your schedule, I don't think your complaint will get any merit.

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    As a working mom it is so hard when they mess with your schedule!! Dont they know how hard it is to find good childcare??

    A schedule being altered is hard on anyone, regardless of family. Everyone has responsibilities outside of work.

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    • Experts
    the employee is to be restored to the position held by the employee when the leave commenced or to be restored to an equivalent postion with equivalent employment benefits, pay, and other terms and conditions of employment."

    Five 8 hour shifts is not the same as 3 12 hour shifts., it's an increase in both days and hours per pay period and is not the same terms and conditions under which you worked prior to going out on FMLA. So what it they are both "full time" they aren't equivalent positions. Someone screwed up and promised your temporary replacement that they would get to stay and everyone is counting on you not raising a stink.

    I'd take it to HR and tell them in writing that you don't feel that the conditions of employment are the same and that you're prepared to seek guidance from the DoL.

    You may also have additional protection under your State laws.

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