Summary
Under the Family and Medical Leave Act (FMLA), employers must restore employees to the same or an equivalent position upon their return. If the employer fails to do so, it may be a violation of FMLA. The position must have equivalent pay, benefits, and working conditions, and involve substantially similar duties and responsibilities. If the employer is putting the responsibility on the employee to find a similar job, it could be considered a violation of FMLA requirements. If the new position significantly differs in duties or benefits, even if the pay is similar, there may be an FMLA compliance issue. Employees should document differences, request a meeting with HR, and consider seeking advice from an employment lawyer.Full Conversation
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If an employer in Utah did not provide a similar job per FMLA requirements upon the return of the employee, but asked the employer to try to come up with one is that legal
Under the Family and Medical Leave Act (FMLA), employers are required to restore employees to the same or an equivalent position upon their return. If the employer fails to do so, it may be a violation of FMLA.
- The position must have equivalent pay, benefits, and working conditions.
- The role should involve substantially similar duties and responsibilities.
Is there any specific detail about the job position offered that you are concerned about?
What about that they put it to the employee to figure out
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If the employer is putting the responsibility on the employee to figure out a similar job, it could be considered a violation of FMLA requirements. Employers should provide the employee with the same or an equivalent position.
Is the new position significantly different in terms of duties or benefits?
Yes but pay is supposedly similar
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It seems like there is a potential issue with FMLA compliance if the new position differs significantly in duties or benefits. The pay being similar is important, but all aspects of the position should be equivalent. Would you like more information on how to address this matter with your employer?
And they gave the employee * weeks notice
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It appears there may be an FMLA compliance issue if the new position significantly differs in duties or benefits, even if pay is similar. Under FMLA, employees should be reinstated to the same or equivalent position. Would you like some guidance on how to address this with your employer?
Yes
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To address this issue with your employer, consider taking the following steps:
- Document the differences between your original and new positions.
- Request a meeting with your employer or HR to discuss FMLA compliance.
- Consider seeking advice from an employment lawyer for personalized guidance.
Would you like to know more about how to approach these discussions?
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