Return from FMLA?
I was on fmla and returned on wed. 8/22/07 12 wks. I'm a assistant general manager for a restaurent in ohio, I have a question and no one can seem to answer. My VPRD(big boss) said I could not have my schedule back but he will find out he has to return me to same but he also stated that he would move to another store with less volume than the store I'm in. My store is the highest in the area and the bonus is alot higher there. I'm saliary + bonus so If they move me will the have to increase my pay for the money I will be lossin in bonus. I will be losin alot of money.
Answers:
First, I assume your employer has more than 50 employees within 75 miles of your worksite and that you worked for them for more than one year before you went on leave. Otherwise, you aren't covered. I also assume (since they likely would not do it) that you were not designated a "key employee."
Sections 104(a)(1)(A) and (B) of the FMLA provide that, upon return from FMLA leave, you must be restored to your original or to an equivalent position with equivalent pay, benefits, and terms and conditions of employment. If the bonus potential is substantially different, as you suggest, then the employer has violated the FMLA.
Lucky for you, the Federal Court of Appeals for the CIrcuit that includes Ohio is one of the more liberal circuits re: the FMLA.
They could fix the matter by bumping up your pay. However, it has been my experience that they will not do that. Also, you may have some additional remedies under state law.
You need to go find a labor and employment lawyer in your area.
i believe they have to return you to exactly what you were at before or you can file discrimination
You could get a lawyer, but surely you've noticed that Bush and his gangsters have stacked the deck so totally against the working people that you won't win.
Were you out for maternity leave? Babies and toddlers are severely harmed by more than 10 hours of separation a week from their mothers, harmed socially, physically, intellectually, and emotionally. So, if you just came back from maternity leave, consider this a sign that you should go do your real and important job.
Otherwise, sorry this happened to you - our country's owners hate the workers.
I know FMLA will prevent them from firing you and I'm pretty sure it'll protect your pay as well but you might want to check with a labor lawyer.
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