marcos14
03-18-2008, 11:41 PM
I applied for FMLA because my wife was pregnant and due soon,and that i was granted.I returned to work after two weeks of the birthof my child.My supervisor made a remark saying "because I had taken two weeks off in punishment i had to do a harder jod doing something else other than my job.Is this someking of discrimination? thanx.
Marketeer
03-19-2008, 05:28 AM
The law is that you cannot be treated differently for using FMLA leave and that you must be returned to the same or an equivalent position. The law also is that, unless you have a bona fide employment contract spelling out your job duties, the employer can change those duties at any time. So, it's unclear whether this is discrimination or not. Your boss's statements are highly unprofessional, but if you were returned to the same/equivalent position where you were simply asked on a one-time basis to do something outside your job description, I don't see a violation.
Pattymd
03-19-2008, 07:19 AM
Agree with Marketeer. Now, if you were demoted immediately upon your return, a possible FMLA violation would appear more likely.
ElleMD
03-19-2008, 07:51 AM
If your supervisor continues to assign you undesireable tasks as punishment for taking FMLA, then it would be a violation. Once asking you to do something isn't going to be severe enough generally to constitute retaliation. Unless this task was overly onerous or so far outside the realm of tasks that it would be reasonable to ask you to perform, I'd wait until it happens again and mention it to HR or one of the higher ups.