Legal Question in Medical Leave in Maryland
FMLA - Returning to a different shift
My husband has taken 12 weeks under FMLA to help care for our newborn son. He was told before he left that his current job was being given to someone else. He was a Department Manager, working day shift. He's just been told that when he returns, it will be to a night shift position. Is this "equivalent"?
1 Answer from Attorneys
Equivalent Position - Different Shifts
The regulations to the Family Medical Leave Act provide, at Section 825.215, in part, that "[a]n equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status....". It further states that "[t]he employee is ordinarily entitled to return to the same shift of the same or an equivalent work schedule." It is unlikely that a change to the night shift would comply; however, you should contact an attorney in your area to discuss your particular circumstances and to determine your rights.
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