Anyone know about FMLA? Is this a violation?

[tammywammy]

Where I work we have a lady out on FMLA for having a baby. I heard my boss, who doesn't like this girl anyways, say that they're going to offer her the night/Saturday shift for her return. Now she was working the day shift and no weekends, and I think my boss wants to push her to the night shift so she'll quit (plus it's a lesser job than what she had beforehand).

Now, my boss isn't the smartest cookie (obviously), but I was looking into what I see and switching her to the night shift looks like a violation. Also, there are 3 women (including the one that's out) that work in that area, and they haven't hired on a temp while she's out either, the other two are just doing more and another lady is also helping.

This sounds like a blatant violation to me, but I'm no expert. Anyone on here know?

Edited to add: I talked to the woman on leave today and I told her I'd talk with the EEOC and Dept of Labor to check, but I didn't think it was legal.

[elleng]

1. I haven't studied it yet.

Why do you think its a violation?

[tammywammy]

3. The change in shift, plus it's a "lesser" job

She wouldn't have the same duties that she had beforehand, they're moving her from the head position to the lowest, and there's a cut in hours involved but not her hourly rate. It's not an "equivalent" job in my eyes. On top of that she was hired for the day shift when she started, not the afternoon/evening shift.

[elleng]

11. So does the law require rehiring into nothing 'less' than equivalent?

.

[tammywammy]

12. Yes, an equivalent job, nothing less. n/t

[ThomCat]

2. If it is a demotion then yes, I think it's illegal.

But, you are right that she should talk to the EEOC, or get an attorney. :(

That is really horrible but doesn't seem all that uncommon for a boss to use pregnancy leave as an excuse to cause trouble. I hope the boss gets nailed to a wall for this.

[tammywammy]

5. Yes, it's very unsettling

My boss was freaking giddy over forcing her to switch to the lesser role, hoping that she'll quit. It made me sick.

[elleng]

14. You saw him evince his 'giddyness?'

Keep a diary of the circumstances; you're a witness, then.

[tammywammy]

17. Her, and yes. She was openly happy in front of me and someone else. n/t

[rwheeler31]

4. This happens often, How many people does the

company employ?

[tammywammy]

9. Between 80 & 100 n/t

[msedano]

6. Probably OK for Co to do that.

Look at your state's FMLA statute. FMLA protects an affected worker's rights to a similar position but not necessarily the exact same position. Look at the Employee Handbook, too.

BTW, your Employee Handbook may have a prohibition against spreading rumors or otherwise causing unrest among the troops and what you're doing with EEOC and talking to her on her leave could easily be seen like interference. Depends on how big a jerk the HR dept wants to be.

suerte.

mvs

[tammywammy]

8. First, it's Texas

We just follow the federal FMLA, there no extra statue concerning maternity leave.

Secondly, there is no employee rule about spreading rumors, but I haven't done it other than advise her to talk to someone and double check. There would be no suspicion of me talking to her in the first place, we're merely co-workers and not "friendly" anyways.

And BTW, my boss is the de facto HR dept and she doesn't know what the fuck she's doing most of the time. I would think the fact that she expressly said in the open office very happy like how she hope the woman on leave quits b/c they're going to put her on the night shift would rule out any rumor causing.

[Fire_Medic_Dave]

7. Did he say they are going to force her to the other shift? You said offer. Offers can be refused.

[tammywammy]

10. Sorry, "force" really

When I talked with the woman, she said that her manager (different than my boss) said that she can come back but only into the evening/Saturday shift, that's all that's available. That's the same as what my boss said openly in the office, that they were only going to let her come back to the evening/Saturday shift, not the one she was on before. But they didn't hire a new 3rd person for the area or even a temp, so it's not like the position was "filled." Her boss is doing what my boss is saying to do.

[Fire_Medic_Dave]

16. Thanks for clearing it up. May or not be legal depending on your State laws.

We have had some people take FMLA and be forced to move to a different Fire Station when they returned. I live in a employer friendly state though, like most of the SE.

David

[tammywammy]

18. Yes, from what I've read

They could make someone change fire houses, but it can't be one that's like 50 miles away.

That's not an option here though. :)

edited to add: this is Texas so I think FMLA is the prevailing law.

[Fire_Medic_Dave]

19. No restriction on distance.

FMLA isn't that specific about you getting your exact job back, just a job with equal pay and benefits as before. That's where state law would come in to play.

David

[tammywammy]

20. Ahh, from what I've read it had to be within a "reasonable" distance

And they cited moving someone 20 miles away.

It's tough to figure out, hence why I told her to talk to someone with the the DOL.

She's not pleased, because her husband works nights and he would take care of their 1 (now 2) kids during the day and she'd take care of them at night. So if she's forced to the night shift, then she'd have to hire a babysitter for 6 days a week.

[Fire_Medic_Dave]

21. It would seem that any station in a municipality would be within a reasonable distance.

[tammywammy]

22. Yes, you're right. n/t

[Fire_Medic_Dave]

23. That's has been the argument my city has used, right or wrong.

[elleng]

13. 'Can' be refused, at what cost, tho?

.

[Fire_Medic_Dave]

15. According to the law no cost.

[REACTIVATED IN CT]

24. The DOL's website has good info on FMLA written in

plain language.

http://www.dol.gov/esa/whd/regs/compliance/1421.htm#2l

Are you certain that your employer is governed by FMLA? Small employers are exempt for example. Also, the employee has to meet certain criteria to be eligible such as having worked for 12 months for the employer.

Check out the DOL website - lots of good info there.

[tammywammy]

25. We're covered and she's worked here longer than a year n/t