Return from FMLA

Mentel

I have a full-time employee that is 10 weeks into FMLA. Since she has been gone, we have covered her position with a temp at 4 hrs per day. This has worked out great. If she gets released to return in two weeks, do I have to give her a full-time position back if it no longer exists. This is a branch office with one Admin Asst and we are very slow. We have other employees (field personnel) who are taking short-term lay-offs because of lack of work. What is our responsibility now if her old job has substantially changed due to no fault on our part?

LindaS

You have no responsibility to return an EE to a position that no longer exists simply because they were out on FMLA leave just keep in mind that you need to have supportive documentation for your decision. Make sure you have all your "ducks in a row" to support WHY this position, at this time, does not require a full-time person and you may look at offering her the part-time position upon her return.

System

The fact that you filled it in her absence with a temp, 4 hours a day, doesn't necessarily equate to the job no longer existing. You did what you had to do to try and cover the position and decided to save money in the process since temps are so expensive. If I were investigating the complaint, I would need much more recorded detail as to how you conclude that the position no longer exists in its' prior form. "I don't think I need you full time" may not fly in an investigation. You may be safer bringing her back, just as she left, then going through a full analysis with her of the duties and time required to do them. Then, later, a month down the road, reclassify the position. Just thinking here of a safer way for you to proceed.