Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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Posted: 2002-07-15 13:43
We have an employee that wishes to return to work after being on leave for a little over nine months. We have been able to put this employee into a similar job. My first question is under FMLA do we only need to hold the job for 12 weeks or is it longer? We also paid for phone and fax lines (since outside sales reps work from their home). We have eliminated paying for phone lines since this employee has been out. The original offer letter does not state we would pay for phone lines. Are we required by law to pay for these phone lines even if it is not stated in the offer letter?
Hatchetman
Joined: Sep 13, 2001 Posts: 1609
Posted: 2002-07-15 15:56
Since FMLA alows up to 12 weeks, then the requirement that the employee be returned to the same position holds for those 12 weeks of FMLA leave.
HOWEVER, FMLA really does NOT say you must return the employee to the exact position.
FMLA allows the employer at the end of the FMLA leave or the 12 weeks to return the employee to an equivalent position with the same pay, "perks" and benefits, and opportunities for advancement; if possible the same schedule or close to it; substantially the same functions, duties and responsiblities.
Regarding the issue of "paying for phone lines" at home, if the company for reasons other than the employee being on FMLA leave had to terminate the "perk" then that's okay. In other words, if budget reasons, for example, required the company to cut back on that expenditure and other employees also lost the perk then there is no violation of FMLA. FMLA doesn't provide any benefit or right that other employees who are still at work don't enjoy; simply, an emplyee may not lose anything as a result of taking FMLA leave and returning to work at the end of the 12 weeks.
ForumHosts Legal Forum Host
Joined: Jul 09, 2002 Posts: 825
Posted: 2002-07-16 05:21
FMLA leave is 12 weeks (assuming a covered employer, and eligible employee, and an event which qualifies the employee for leave).
You do need to consider your sitation under the ADA (or state/local anti-disability discrimination laws). Does the employee have a disability? Is s/he able to perform the essential functions of her job with or without a reasonable accomodation? Have you been providing her a home office as a reasonable accomodation (or will she plausibly claim that you have)? These kinds of cases are very fact-specific; consult with legal counsel for guidance.
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Posted: 2002-07-15 13:43 
