Wage/Position Change upon Return

jfletcher

We have a young woman that is wanting to return to work from an FMLA leave. She went almost two months past her 12 weeks. We communicated to her that the 12 week protection was about to expire and once it had and her former position as President's Executive Admin. was filled. The President would like to bring her back and we are willing to offer her a position of Admin Asst. to Customer Service dept. with a reduction in wage. This position does not even exist so we put one together for her. Schedule & benefits would remain the same. Title, duties, and wage are the only thing changing. Does this sound ok and does anybody see a potential problem that I have missed. We don't have to bring her back but we want to help her out. Thanks for any assistance.

marc

Sounds to me like you have covered your bases.

Don D

I agree with Marc, unless she can show that you filled the position prior to the expiration of her leave, had no intention of returning her to her job and offered her a lower job just a couple of days after her leave ended. I don't imply these were part of your motive, just playing devil's advocate. Otherwise, it does seem that you are safe.

jfletcher

Thanks for the input guys... we used an in house person for a while to fill the job until that young lady had to go back to college. The person, who is temp to hire, was put in place 1 1/2 months after notification and expiration of the 12 weeks. Once again thanks