Would a role change be considered a lower level ?

KCChiefsFan

We have a level 9 EE who is coming back from FMLA on Wednesday. There has been a lot of re-orging while he's been gone in his organization and other organizations. Before he left his role on his team was a “lead” role now he’s got wind of a reorg on his team that takes him out of a “lead” role and has been placed on a project that is lead by someone who is a level below him. This employee made complaints of harassment to HR before he left on FML. He’s caught wind of the changes and has now e-mailed us complaining about FMLA discrimination. He is still a level 9 but his manager has placed him on a project that is lead by a level 8 EE. The manager never contacted us before he made these changes but it looks like all of them are legal since his pay hasn’t changed. Also, I know it’s tricky to change a person pay level or grade after going on FML but it seems here a role has changed from leader of some engineering efforts to doer on these efforts without a change in grade or pay.

Would this role change be considered a lower level position?

Down_the_Middle

If the only change that is being considered is a ROLE change on his team, I have a hard time seeing this as anything retaliatory or adverse. Seems to me this type of change (assuming there's no addt'l change in compensation or benefits, etc...) is not a legal issue. It may be a communication and E/R's issue, but probably nothing more than that.

Theresa Gegen TX

I am sure that the employee considers this a demotion. (I know how I would feel if I had someone lower than me in charge of my work). Even if pay does not change, the employee may be able to make a case under the FMLA. (It requires the same or equivalent position -- and pay is not the only consideration. Courts have found for employees who had things like changes in shifts, even though the pay was the same). Also it sounds like this employee is likely to make a claim (since he has already made noises about it).

I strongly suggest that you spend a little time and money having your company employement attorneys review this case in detail and do some research on how the court's in your area have applied the FMLA. The small amount spent now could save your company thousands down the road.

Good Luck!