ThomasT
07-23-2004, 11:08 PM
State of Washington. I was out on Family Leave after the birth of my child. I worked for a non-profit organization managing a staff of 10 teachers. While I was out on leave the COO and one of my co-workers made the decision to change the teacher's hours and job descriptions. This change dramatically changed their responsibilities and, as a result, my responsibilities as their manager. Was this against the FMLA?
LConnell
07-23-2004, 11:36 PM
FMLA is only applicable to employers with 50 or more employees in a 75 mile radius. Based on the information you provided, your employer is not subject to FMLA requirements.
The state of Washington has leave laws, as well. While most of the State's leave laws are superceded by federal law, one standing rule (better than the federal law) applies to persons who are off due to the birth of their child. The State leave law requires leave for persons working for employers with 8 or more employees.
Unfortunately, the law does not prohibit an employer changing the job, for business reasons. It only requires that a person be placed into a job for which he/she meets the qualifications, if the original job no longer exists.
So, in answer to your question, their actions do not violate FMLA nor does it violate Washington state statutes.
Let me know if you have any other questions. Lil