Equivalent positon, yes, but the same shift?

Crout

We have an EE out on FMLA who is due to return next month. Her shift was filled due to necessity. We can offer her an equivalent position, (same wage, FT, etc.) but NOT the same shift. I see no reason why we must offer her the same shift, but I was wondering what my esteemed colleagues have done in the past and why. Thank you one and all.

HR in CA

Our third party administrator for our FMLA told us we had to offer the returning employee the shift she had before going out on leave.

lnelson

I am in agreement with HR... the person who filled the position, filled it until this ee returns, but you can offer the new ee the other shift if you desire.

Lisa

Balloonman

Crout,
I agree with the other two. Same shift or it is not equivalent position. Do you pay shift differential? If you do right there you as a company indicate they are not equal.
My $0.02 worth.
DJ The Balloonman

Crout

Dang, I hadn't considered shift differential...thanks DJ. Fortunately for me, it just so happens that the returning EE would end up making MORE money because of shift differential. Would that change your stance on this?

deniseE

You may want to give the ee the option...perhaps she would like to work the other shift....but if not...then she should be returned to the shift she had before taking FMLA.

Crout

Yup, you guys are correct. I just checked the FMLA regs and there it was. Thank you all.