Is my employer required to return me to my same position under FMLA if I moved away from my original location while on FMLA?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my employer required to return me to my same position under FMLA if I moved away from my original location while on FMLA?

Employee moved from Asheville NC to Raleigh NC while on FMLA and expects to
be reinstated to their old position in the new city.

Asked on May 1, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the employer does not have to reinstate the employee in this case because the employee removed him- or herself from the place of employment. The employer's obligation was to reinstate him or her to the same job, which means at the same location. FMLA does not require anything beyond that, such as a transfer to a new location or that that employer create a new position in a different location or move a position that the employer had at location A to location B.


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