QUESTION
Can my Principal move me to another position because I was out due to my FMLA
Asked on Mar 17th, 2014 on Employment Contracts - North Carolina
More details to this question:
I am on intermittent FMLA due to a vision and eye disorder. I had at least 4 surgeries this school year and have a procedure again this month. My Principal told me because I am on intermittent FMLA and have had to miss several days he is moving me to another position because he needs someone who is going to be at work on a regular basis and not out sick. Can he do that?
1 ANSWER
4 Awards
It depends on the circumstances. FMLA requires the employer return you to a "substantially similar" job after you return from FMLA leave. However, it is suspicious and could be a form of FMLA interference or retaliation. I recommend you consult with an experienced employment attorney.
Answered on Mar 19th, 2014 at 3:29 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.