What should I do if I am covered by FMLA and cleared to go back to work but y employer says that there are no available positions?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What should I do if I am covered by FMLA and cleared to go back to work but y employer says that there are no available positions?

I have taken all required steps and gone to all doctors visits, as well as provide employer with all supporting documents in a timely manner. I was supposed to receive the FMLA paperwork about 6 weeks ago but did not receive the paperwork until 4 weeks later. What actions should I take if I am not reinstated to return due to an error on the employer’s behalf?

Asked on May 9, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming, as seems to be the case, that both you and your employer were covered by Family and Medical Leave Act leave, that you followed the proper procedures, and that you did not take more leave than legally allowed, your employer must reinstate you at the end of your leave--they have no choice in the matter. A failure to allow you to return violates the law and gives rise to a legal cause of action on part. You could either file a complaint with the state Department of Labor and/or consult with an employment law attorney about possibly bringing a lawsuit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption