is this same or equivalent ?

notHumanRoadblock

We have an EE that is coming back from FMLA. A supervisor wants to place her with responsibilities that appear to be a demotion from what the EE was doing before she left on FMLA. The supervisors’ manager has written rules on what a lead positions responsibilities are and looking at the EE’s past projects she clearly wasn’t in a non-lead role. There aren’t any senior level assignments on the team just yet and probably wont be for a while but the supervisor doesn’t want this person sitting around doing nothing. Wanted to know if this would be a violation of same or equivalent job under stipulation under FMLA, if so got any suggestions?

Thanx much for your help

John Vering MO

You do not provide enough facts to give an answer but as a general rule you can't place someone in a lower level position when they return from FMLA leave unless it is clear that they would be in a lower level position if they had not gone on FMLA leave.
John Vering, 816-472-3114
Mo co-editor

Renie

Is the pay the same?

notHumanRoadblock

Yes the pay is the same.

The manager also informed me that he's told the team on a number of occasions
that they would be evaluated by the duties they've performed per their job description. If this person is a level 4 staff member and before they left was doing the duties of a level 4 job description then came back from FMLA and start doing level 2 or level 3 work with the same pay she might look at this as if it's a hindrance to a fair revue, promotions or pay raises. The other caveat to this is the manager has said they don’t have anymore level 4 work. This is my main concern and I just want to head this off before something gets started that could’ve been avoided.

Any suggestions would be appreciated.

Rockie

It's not just the same rate of pay. It has to be the same job or equivalent job which means benefits, pay, stature (level of responsibility/accountability).

Ex. You can't bring a manager back from FMLA and put them in a clerk position simply at the same pay and state that it's an equivalent position. Too bad if the manager doesn't have any more level 4 work - he needs to find some. The person has to be made whole as if they never left (unless there is a clear-cut business decision on why this perceived "demotion" was necessary). And, believe me, it will be perceived as a demotion by the employee.