is this same or equivalent ?
notHumanRoadblock
6 Posts
We have an EE that is coming back from FMLA. A supervisor wants to place her with responsibilities that appear to be a demotion from what the EE was doing before she left on FMLA. The supervisors’ manager has written rules on what a lead positions responsibilities are and looking at the EE’s past projects she clearly wasn’t in a non-lead role. There aren’t any senior level assignments on the team just yet and probably wont be for a while but the supervisor doesn’t want this person sitting around doing nothing. Wanted to know if this would be a violation of same or equivalent job under stipulation under FMLA, if so got any suggestions?
Thanx much for your help
Thanx much for your help
Comments
John Vering, 816-472-3114
Mo co-editor
The manager also informed me that he's told the team on a number of occasions
that they would be evaluated by the duties they've performed per their job description. If this person is a level 4 staff member and before they left was doing the duties of a level 4 job description then came back from FMLA and start doing level 2 or level 3 work with the same pay she might look at this as if it's a hindrance to a fair revue, promotions or pay raises. The other caveat to this is the manager has said they don’t have anymore level 4 work. This is my main concern and I just want to head this off before something gets started that could’ve been avoided.
Any suggestions would be appreciated.
Ex. You can't bring a manager back from FMLA and put them in a clerk position simply at the same pay and state that it's an equivalent position. Too bad if the manager doesn't have any more level 4 work - he needs to find some. The person has to be made whole as if they never left (unless there is a clear-cut business decision on why this perceived "demotion" was necessary). And, believe me, it will be perceived as a demotion by the employee.