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Returning from Short Term Disability

1,266 Views | 4 Replies | Last: 6 yr ago by 03_Aggie
tlh3842
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AG
Is a person protected when returning from STD? As in they went onto it having been a field supervisor with salary and now they're having to return as a field tech position making about 75% of previous pay and now being hourly with no guaranteed time (for weather delays, etc.)

A little more background. A good friend of mine works for a subcontractor of ours on a large field project. He was a field supervisor over a certain area of the project about 4 months ago, at which point he had to take time away for unforeseen medical reasons and has been on short term disability ever since. He's set to go back to work on Monday, and earlier this week he talked to his company's PM of the job, and he said we don't really have a supervisor position open right now but we could put you on a field tech position making X per hour. In his supervisor position he made about X + $15 per hour but as a salary employee with guaranteed paycheck. Now he'll be hourly and pay will fluctuate based on rain delays.

It seems like he should be protected to be given his same position, or same pay/benefits as before he went onto disability. Note: his illness had no bearing on his ability to be a supervisor and he was in great standing in the position before having to step away.

What say you?
I Am A Critic
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What does his HR handbook say?
$30,000 Millionaire
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AG
He needs to look into FMLA laws. That's shady AF and I'd be looking for another job if I were him.
thegooseisloose
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Under the FMLA, an employer must generally reinstate an employee returning from leave to the same position or to an equivalent position with equivalent employment benefits, pay, seniority, etc.
histag10
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AG
$30,000 Millionaire said:

He needs to look into FMLA laws. That's shady AF and I'd be looking for another job if I were him.


Did he fill out the FMLA paperwork prior to taking leave or shortly thereafter? Had he been at his company for more than 12 months?

There are ways FMLA doesn't protect you.
03_Aggie
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$30,000 Millionaire said:

He needs to look into FMLA laws. That's shady AF and I'd be looking for another job if I were him.


I agree that he should review whether or not he was protected under FMLA. Although if he was out four months it would seem as though he most likely exceeded the 12 weeks that FMLA covers.

may not be so shady if they offered him something to come back to when they could've termed him instead.
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