Under the Family and Medical Leave Act (FMLA), employees can ask for unpaid leave to address family or medical emergencies without worrying about their job security. These reasons may include a serious health scare, the arrival of a new member in the family or assisting a family member with a serious health issue.
The law’s intent is to offer employees the ability to address significant life events without fear of losing their jobs. However, employees often have questions about their rights upon returning from FMLA leave, especially regarding any adjustments in their roles or responsibilities.
FMLA protection and restoration rights
FMLA offers specific protections to employees, one of which is the right to job restoration. This means that when employees return from FMLA leave, they are generally entitled to be reinstated to their original job or an equivalent position. The term equivalent position is particularly crucial here, as it legally signifies that the job must have the same:
- Pay
- Benefits
- Working conditions
This provision aims to prevent employees from experiencing career setbacks as a consequence of taking leave. An equivalent position should offer similar duties and responsibilities. Therefore, a demotion — characterized by a reduction in job title, responsibilities or pay — is typically considered a violation of FMLA protections.
Retaliation and discrimination concerns
It is crucial to recognize that demotions are highly scrutinized under FMLA to prevent retaliation. Any adverse action taken by an employer that appears to be in response to the employee’s leave could lead to legal claims of discrimination. The law strictly prohibits demoting or disciplining an employee as a punitive measure for taking leave.
Employees who believe they’re being discriminated against for an FMLA leave shouldn’t suffer undeserved consequences in silence. With suitable legal support, they can advocate for their rights to help ensure their income isn’t compromised.