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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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My wife have been on FMLA since around January 3/16 on Feb.

Customer Question

My wife have been on FMLA since around January 3/16 on Feb. 24 her now new supervisor which was wife job VP of Nursing.
She ask my wife if she is coming back to work, my wife told her she will be there March15
also during that time period a HR person call her March 4 just confirming the start date.
So Monday March 15 my wife call in to work she was told her job was restructure March 1
and they would like to offer a 4 week payout per company policy from March 1 she was on leave.
It seems to me this would not be legal under the FMLA
Please help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. I think I am a little confused by the facts. Are you saying that your wife was laid off while she was on FMLA leave and that she is being offered a severance package? If that is not the situation, can you please clarify? If that is the situation, can you please tell me if anyone else was also laid off? I very much look forward to helping you on this matter.