Welcome to Part II of the Total Rebrand series on the Family Medical Leave Act (FMLA). In our last post, we provided an overview of the policy.
Today we will outline your options if you are not returned to the same exact job and steps you can take if your FMLA rights are violated.
New Position Under FMLA
If you are not returned to the same exact job, the new position must fulfill all of these conditions:
- Involve the same or substantially similar duties, responsibilities, and status;
- Include the same general level of skill, effort, responsibility and authority;
- Offer identical pay, including equivalent premium pay, overtime and bonus opportunities;
- Offer identical benefits (such as life insurance, health insurance, disability insurance, sick leave, vacation, educational benefits, pensions, etc.); and
- Offer the same general work schedule and be at the same (or a nearby) location.
How to Take Action
If it appears that your FMLA laws have been violated, you can do the following:
- Contact your employer’s Human Resources or Labor Relations office and submit evidence of a change of job responsibilities.
- File a complaint through U.S. Department of Labor’s Wage and Hour Division (WHD), the entity responsible for administering and enforcing FMLA
- File a private civil suit against the organization
In our next article, we will discuss court-mandated awards you may receive if your organization is found guilty of violating your FMLA rights.