If you take a leave of absence, you cannot be fired or demoted. Basically, this means that your boss cannot punish you or make your job more difficult, specifically because you took a leave of absence. California law prohibits retaliation, so this may be considered retaliation.
Can My Position Be Changed While On Fmla?
In some cases, yes. Unless otherwise specified in an employment contract or collective bargaining agreement, employers can make changes to an employee’s job duties, schedule, or work location without the employee’s consent. If an employee returns from FMLA leave, they must be reinstated to their job or an equivalent position.
Does Fmla Protect Your Position?
The FMLA provides unpaid, job-protected leave for people who cannot work due to serious health conditions, or for those who need to care for their parents, spouses, or children with serious health conditions. Leave may be taken all at once, or may be taken intermittently.
Can You Eliminate A Position When Someone Is On Fmla?
According to the U.S. Department of Labor, the Family and Medical Leave Act (FMLA) does not protect employees from being terminated if their jobs are legitimately eliminated while they are on leave. The District Court for the Northern District of California is located there.
Can My Employer Force Me To Work At A Different Location?
It is possible that your contract of employment contains a clause that requires you to work at a number of different locations. Mobility clauses are used to describe this. It is important to use clear language in mobility clauses. There should be no hiding place for them.
Can My Employer Force Me To Change Roles?
A California employer may add additional duties to an employee’s job description if the employee is hired at will by the employer. An employer can change an employee’s job duties, pay, title, hours, and more at-will, and that change can be applied to any future employment.
Does Fmla Protect You From Losing Your Job?
FMLA protects you from losing your job or benefits if you take medical leave. While on medical leave, you are not protected from being fired by your employer under the FMLA.