Legal Question in Medical Leave in California

Return to Work from FMLA

My current position requires 50-80% out of state travel. I am going on materinity leave (FMLA) in the near future. Is the company required to find a comporable job that does not require travel or can they only offer me my current postition which they know I will not be able to accept? (My company employs over 10,000 people in a variety of positions.)


Asked on 1/11/98, 9:27 am

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Return to Work from FMLA leave

The FMLA requires that an employer return an employee who has returned from leave to her same or equivalent position as the job she left. The employee must be willing to return to the same position or to an equivalent position offered by the employer. The Act does not require that the employer offer an equivalent position if the employer is prepared to return the employee to her former position. Whether a reduction in travel will be considered a different position will depend on the facts and circumstances of the particular situation. You should consult an attorney who can then review all of the relevant facts and provide consultation on your matter.

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Answered on 1/13/98, 1:37 pm


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