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FMLA

charlieschottcharlieschott 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We are a skilled nursing facility and need to have full time workers in most of our positions. Our policy for FMLA gives us the right to fill the position and return the working to a comparable position. However it also states that I may be a different shift is this allowed under FMLA

Merry Christmas

Charlie
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  • 4 Comments sorted by Votes Date Added
  • John Vering MOJohn Vering MO 38 Posts
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    The regulations say reinstatement should be to the same shift. If the employee does not mind a different shift, then it is OK but don't pressure the employee to take a different shift.

    John Vering
    Mo. co-editor
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  • marcmarc 3,126 Posts
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    The worker of FML must be returned to the same or an equivalent position. The test to apply in the circumstances you describe have to do with whether or not a different shift is considered equivalent. The idea of equivalency is vital.

    The equivalent position has to do with pay, benefits, privileges, prerequisites, status, and working conditions to the one held previously. In my opinion, the EE could challenge whether or not a different shift constituted equivalency. Is working a midnight to 8 am shift the same as a day shift? One could ask that question under several of the categories described.

    You can give the EE the new shift and see what he/she does. Perhaps it can be termporary until the same shift opens up. It may not hurt to ask, perhaps the new shift will meet his/her needs better?
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  • neveradullneveradull 194 Posts
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    In my non-lawyer opinion I believe your policy is not in compliance with FMLA. If you consider a different shift to be comparable why not transfer the replacement to that shift and return the FMLA employee to their original shift. As I said I am no legal person, but for some reason this sounds fairer to the person on FMLA. In my earlier life I had shift experience and hated nights.
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  • CJ_2CJ_2 21 Posts
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    I agree with neveradull's statement. I can provide regs if you need. Please email me at [email]cwinebarger@charter.net[/email]
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