QUESTION

Employee returning from maternity leave

Asked on Jan 21st, 2015 on Labor and Employment - Illinois
More details to this question:
I have an Store Manager who is currently out on maternity leave. Upon her return, is it legal to transfer her to a different location (25 miles away) in her same position (Store Manager). I am also willing to increase her pay to offset the mileage. Thanks
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
The FMLA, if she is covered under that statute, would probably preclude you from doing this.  Even if the FMLA did not apply, the employee may see this as retaliation or discrimination for taking maternity leave.  If the employee agrees to this and has no problem with this, then all is fine.  But it must be very clear that she is in agreement with this and the extra money, as opposed to just feeling coerced into agreeing to this.
Answered on Jan 22nd, 2015 at 12:23 PM

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