Legal Question in Medical Leave in Nevada
Equivalent Postion under the Family Medical Leave Act
I am currently on an 8 week leave from work under the FMLA act. My physician has signed the forms that my employer requested. I am an exempt salaried employee who was working 6-2:30 p.m. Monday - Friday. I know my co. is not legally obligated to hold my job open, but when I return do I have to accept a exempt salaried position working the night shift? The hours for this night shift are 11:30 - 9 p.m. or 12:30 - 9:00 p.m. with the additional requirement of either a Saturday or Sunday. What are my rights under the FMLA act? Thank you for your time
1 Answer from Attorneys
The FMLA requires a covered employer to hold open a job
If you worked for your company for more than one year and 1250 hours in the year preceding your leave, your employer must hold your job open or a comparable job on the same shift. I am not licensed in your state,but if you have trouble finding a lawyer, shout. Please understand this is not legal advice, but is given for the purpose of discussion only. You should have a personal interview with a lawyer licensed in your state to obtain legal advice.
FMLA applies to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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