My boyfriend gets 3 SCHEDULED days a month off with FMLA protection... Can he get demoted do to,too much time off?
He does tool repair that is not on a schedule him missing 3 days isn't hurting them at all.
1 answer | asked Jan 25, 2016 10:19 AM [EST] | applies to Ohio
Answers (1)
The FMLA requires employers to restore employees on leave to the position that they left, or to one that is substantially similar in all material respects. A demotion is not a substantially similar position.
The FMLA also prohibits employers from retaliating against employees because they use FMLA leave. Demoting your boyfriend because he took too much FMLA leave sounds retaliatory.
If the employer was going to demote the person in your boyfriend's position, no matter who he was, the employer can still demote the person in that position, even if the person is on leave.
I hope this helps.
posted by Neil Klingshirn | Jan 25, 2016 10:50 AM [EST]
The FMLA also prohibits employers from retaliating against employees because they use FMLA leave. Demoting your boyfriend because he took too much FMLA leave sounds retaliatory.
If the employer was going to demote the person in your boyfriend's position, no matter who he was, the employer can still demote the person in that position, even if the person is on leave.
I hope this helps.
posted by Neil Klingshirn | Jan 25, 2016 10:50 AM [EST]
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