Is employer allowed to change job duties/hours of employee who has been using paid leave, interspers
bessie
1 Post
The situation I have is that an employee has been off work (for pregnancy and birth of child), using sick leave, vacation leave, and interspersing these paid leave hours with unpaid fmla. Now, due to some tightening of the budget, we are cutting out some positions. One of the positions cut was a vacancy which was for the assistant of the person on leave.
The director wishes to 1) change job responsibilities (of person on leave)to include the lower-level tasks previously handled by assistant position, and 2) reduce the hours/week from full-time to part-time of person on leave when this individual returns.
The change in job responsibilities will bring the employee down at least one pay grade level, however, our policy states that when a position is revised and the result is a change in pay grade, the employee will either get the new target rate or the employee's current rate, whichever is greater. So, in this case, employee would keep same pay rate, but would be at reduced hours.
My question, after all this long explanation, is: Since employee is using the FMLA interspersed with paid leave, can we change the job responsibilities and reduce hours of this returning employee or is changing the job and/or reducing the hours a violation of FMLA. Also, since policy will keep employee's pay rate the same, even though position ends up in lower pay grade, is that a violation to place position/person in lower pay grade?
Thanks.
Bessie
The director wishes to 1) change job responsibilities (of person on leave)to include the lower-level tasks previously handled by assistant position, and 2) reduce the hours/week from full-time to part-time of person on leave when this individual returns.
The change in job responsibilities will bring the employee down at least one pay grade level, however, our policy states that when a position is revised and the result is a change in pay grade, the employee will either get the new target rate or the employee's current rate, whichever is greater. So, in this case, employee would keep same pay rate, but would be at reduced hours.
My question, after all this long explanation, is: Since employee is using the FMLA interspersed with paid leave, can we change the job responsibilities and reduce hours of this returning employee or is changing the job and/or reducing the hours a violation of FMLA. Also, since policy will keep employee's pay rate the same, even though position ends up in lower pay grade, is that a violation to place position/person in lower pay grade?
Thanks.
Bessie
Comments
FMLA grants an employee be allowed to return to the same position upon return from leave the same as if they hadn't been gone. This does not grant them more rights that if they weren't using their leave so bottom line...
If the decision to change positions, as well as the hours of the position, are based on legitimate business reasons you are within the guidelines of the law. Make sure you have proper documentation regarding this decision and advise the person on leave of the decision as soon as it has been made.