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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118773
Experience:  20+ Years of Employment Law Experience
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I'm a county employee that has intermittent FMLA for my

Customer Question

I'm a county employee that has intermittent FMLA for my father. Currently, my management team would like to me to report to another office that places me 32 miles away from my father. I have requested to remain in the current location; however, my Manager is unwilling to acknowledge the hardship this places on me to access my father at a short notice
JA: How many employees are there? Is there an employee or relative with a serious health condition?
Customer: My father is diagnosed with cancer, dementia, paranoia, and schizphrenia. Our dept has about 30 employees
JA: Is the employment "at will," union, full time, or part time?
Customer: I am a classified employee with over 12 years of service working full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just wanna know can they move me considering my medical and legal obligations to my father
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they can demonstrate a valid business need for your services at the other site, then they could insist you move to that location. However, if you believe this is being done in retaliation for you using FMLA, then you need to file a complaint through your employer's grievance process and you can also file a complaint to the US Department of Labor if your employer will not reverse your management team's decision.
Under FMLA you are entitled to reasonable accommodation, so in order for the employer to move you they would have to prove a bona fide need for you to be at the other location and then they could insist you move to the other location.
So you have to go through the process internally first and if your upper management still denies your FMLA accommodation, your next step would be to go to the US Department of Labor, which handles FMLA retaliation and other FMLA violation complaints.
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Customer: replied 2 months ago.
A number of staff are being moved but none of us have given an explanation for the move or new assignment. In addition, the notification to relocate was issued after I wrote a rebuttal to a verbal coaching from May 2017. I also have a history of my director signaling me out.
Customer: replied 2 months ago.
All of this info was provided to my director boss but no response from her directly. What can I say in my Mtg with his boss tomorrow to have them change their mind?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
If they have a legitimate business reason (bona fide reason) for the move, then they can insist you move even though you have FMLA. The fact you said they are moving multiple people, you cannot claim he is singling you out for this move I am afraid, that fact would take away that argument and you would need to negotiate with your upper level management based on your FMLA and urge them to reconsider based on your need for reasonable accommodation under FMLA.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.