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#1
12-14-2005, 01:14 PM
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FMLA Reinstatement
My mom ( 66 yrs old ) went out on FMLA for knee surgery. The manager of the bank where she works filled her position. When she was ready to return she went in and the manager told her she didn't have anything available and she needed to talk to the HR folks downtown. Downtown told her the only openings they had were for floating tellers, with job assignements all around the city. Her former bank branch was less than two miles and a 5 minute drive.
Does anyone know if there is a precedent covering 825.215 e1 which guarantees "reinstatment to a geographically proximate worksite"? I feel they are taking advantage of her. Last edited by remember5; 12-14-2005 at 01:31 PM. 
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#2
12-15-2005, 06:55 AM
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I believe that the equivalent position must be the same in terms of pay, benefit, and working conditions. It's possible that being moved from a permanent branch position to a floater position might not be deemed equivalent working conditions. I would suggest that she contact the U.S. Department of Labor directly for guidance.
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