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Can Employers Transfer Employees to a New Job After Returning from FMLA?

Jan 12, 2023

Can employers transfer employees to a new job after returning from FMLA leave? The Family Medical Leave Act (also known as the FMLA) is a federal law requiring companies with at least 50 employees to give up to 12 weeks of job protected leave to certain employees for certain medical conditions of themselves or family members. After returning from FMLA leave, the employer must return the employee to the same job or one that is nearly identical. If the employer does not return you to the exact same job, the new job must be considered identical, in that it must have the same py,  work schedule, skillset, hours and geographical location. If the employer does not return the employee to the same job after leave, it risks a lawsuit for FMLA interference or retaliation.

If you are interested in learning more about the FMLA, you can check our my free legal workshop: 10 Mistakes that Lead to FMLA Claims Here

Employers who want to learn all about the most important federal employment laws can enroll in my signature course: Mastering Employment Law Concepts Here.

Contact Karly Wannos at The Wannos Law Firm, PA Here.

Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.

The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws. 

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