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Returned to work after 4 weeks with a restriction of half…

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Returned to work after...

Returned to work after 4 weeks with a restriction of half days (4 hours). Was on FMLA. Returning half days, I'm technically still on FMLA? My boss discussed cutting .5 FTE out of a department I managed. He planned on cutting my manager position to a .25, giving .25 to someone else. Can he talk to me about this while on FMLA? They did proceed with this plan once my 12 weeks of FMLA was completed.

Lawyer's Assistant: How many employees are there? Is there an employee or relative with a serious health condition?

This was my own condition, a near death experience and hospitalized 10 days, the very same hospital in which I worked. I managed 15.

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Full time, not for profit hospital. I am an RN.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I returned to full time FML A. Completing short term disability this week. Applying for longing term disability. Boss felt I could perform my managerial tasks one day per week. No discussion of what I would do. I had no idea about this until I returned. He did not inquire about me, just strarted with his,plan. The hospital was looking at reducing FTEs to make 110% of Medicare. I learn d this during the same meeting I was an employee 31 years of my 40 years as a nurse.

Submitted: 11 months ago.Category: Employment Law
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Answered in 4 minutes by:
8/3/2017
Employment Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,803
Experience: More than 30 years in legal practice.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Employment Lawyer: Loren, Lawyer replied 11 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

FMLA does not prohibit changing your employment or even terminating the employment. It prohibits any changes because you apply or take FMLA, but if the employer has a reason for taking action unrelated to the FMLA then it is not illegal or prohibited.

If you believe the action was taken due to the FMLA then you may have a cause of action for that violation and can receive money damages.

If you are going to file an action for violation of the FMLA rights it is strongly recommended you retain an attorney to represent you. It is not something you want to pursue pro se.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

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Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Employment Lawyer: Loren, Lawyer replied 11 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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