Can you be transferred to another location if you are on medical leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you be transferred to another location if you are on medical leave?
My fiance just got transferred to a store 1 mile away. Not too long after we found out she was pregnant but had to have emergency surgery for what was thought to be a ectopic pregnancy. She soon after the surgery she miscarried and was put on FMLA. But now that she is ready to go back she was informed that she was permanently moved to a location that is further away. The District Manager knew that we were having vehicle problems and could not afford to get a repair. Now she is stressed because she thinks she will lose her job. Is this legal for them to do?
Asked on June 3, 2011 under Employment Labor Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The company is not allowed to change her job in any way, shape or form when she is on FMLA, especially due to pregnancy issues. She needs to immediately contact the labor board and the Equal Employment Opportunity Commission and discuss this matter. Every discussion she has with her superiors and the company in general should be in writing and she needs to make it very clear to them that what they did was tantamount to retaliation and possibly constructive termination based solely on her FMLA status. If they do not fix this matter, this company could potentially be faced with a not so nice lawsuit regarding gender discrimination, pregnancy discrimination and disability discrimination. Not a good move on the manager's part so she needs someone to talk to the higher ups on this one (and do not use the transportation argument here because that is a losing argument).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.