FMLA Job Restoration

Shari Turner · April 2003

We are a medical facility and I have a new physician trying to
build his practice. His medical assistant is currently on FMLA,
in order to provide the best patient care we are filling her
position in the back office so that he can continue working.
My question is when she returns from FMLA do I have to put her
back in the exact same position? I know I have to give her an
equivalent position with equivalent pay and benefits. I will be
able to give her a medical assistant position as a "float" still
preforming the same duties with same pay and same benefits
the only difference will be that she will cover where needed
instead of being assigned to the one physician. Am I in and FMLA violation...what are your thoughts?

Leslie · April 2003

Same schedule?

Shari Turner · April 2003

Yes Leslie same days and hours.

Leslie · April 2003

You're fine.

Don D · May 2003

.....Unless she can show, "They took my desk, put me in a broom closet, had me reporting to doctors three wings over requiring long, torturous walks and I don't even have access to a computer anymore." That's a remote stretch, but just be sure you give considerable thought to how SHE might view the reassignment. If it ever escalates, it's a jury she'll be trying to convince that you retaliated for her having exercised her FMLA rights.

LindaS · April 2003

I agree

vmiller MO · May 2003

[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:10PM (CST)[/font][p]Section 825.215(a) defines "equivalent position" to be one that is "virtually identical to the employee's former position in terms of pay, benefits, and working conditions, including privileges, perquisities and status." Section 825.215(e) defines "Equivalent Terms and Conditions of Employment." The judgment that needs to be made in your situation is whether a "floater" is considered a lesser status than the status the individual had as an employee being permanently assigned to a doctor. If the answer is yes, then under Section 825.215(f) the question to be answered is whether the difference is de minimus or intangible, unmeasurable.

Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]

FMLA Job Restoration

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