Human Resource Blog

Returning to Work After FMLA in Missouri

Can an employer legally reduce a worker’s hours when she returns from FMLA leave? Or must she be given the same job back?

There are some full-time employees in Missouri who have concerns about their rights when it comes to taking FMLA leave. Many of these individuals wonder if their employers could legally take away some of their hours after they return from being out on FMLA leave.

If any employee is being singled out by having his or her hours reduced after returning from FMLA leave, it would be highly illegal. Any human resources professional should have a very good understanding of the legalities involved in these issues.

The situation could be different, however, if an organization had an overall reduction in hours, or if they had to lay off several people. Under those types of circumstances, persons returning from FMLA leave would not be exempt from those actions.

FMLA, otherwise known as the federal Family and Medical Leave Act, allows qualified workers to take up to 12 weeks of unpaid time off of work due to serious health or personal issues. Workers are allowed to take 12 weeks per year. Even though this type of leave is not paid, it does provide workers with job protection. Any time an employee returns to work from being out on FMLA leave, he or she must receive their same job, or one that is equal in hours, working conditions, pay, and benefits.

FMLA should never be looked upon by employers as something that reflects negatively on workers. This is particularly true when it comes to taking certain employment actions against workers, such as promotions, scheduling, disciplinary actions, or hiring.

Even though it is somewhat understandable to see the need for supervisors to fill vacant positions, employers should always make it clear to replacement workers that their jobs are only temporary. All too often, however, employers fail to make this clear to replacement workers. The result of this is that when the original worker returns to work, the employer is then faced with having two employees, and only one job available. JH