Employee gets fired while on medical leave, HR offers lame alternative to avoid getting sued: 'The company's needs have changed during your absence':

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    3:00 IM, Jan 3 all 81% (No subject) Hey, So glad to hear that you are on the mend. I understand that you are eager to return to work after your medical leave, and I appreciate your dedication and commitment. However, I regret to inform you that the company's needs have changed during your absence.
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    We are currently re-evaluating our requirements, and it appears that we no longer have a position available in the office. However, there is a possibility of some mobile work that you could do from home, if you are interested. This would allow you to continue contributing to the company while accommodating your needs.
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    I understand that this may not be the outcome you were hoping for, but please know that we value your skills and would like to explore alternative options that align with our current needs. I would be happy to discuss this further with you and explore any potential opportunities. Thank you for your understanding, and I look forward to hearing from you.
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    I've been out on medical leave for a WHILE. I have had a total of 5 surgeries/procedures done in the last 3 months. Texted my boss to let them know what day I'd be back, and this is the response. I know they're only offering the remote work to avoid being sued since I am protected under FMLA.
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    Cheezburger Image 10449848064
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    PublicRule3659 This is a very HR response. Tread lightly. "As long as you are able to return to work before you exhaust your FMLA leave, you must be returned to the same job (or one nearly identical to it). This job protection
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    is intended to reduce the stress that you may otherwise feel if forced to choose between work and family during a serious medical situation."
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    Danceswithdogs 96 OP. I was approved for FMLA through January 20th, and I told the owner I'd be returning to work on January 16th.
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    ETA: there is no HR at this company, if that matters. I am assuming he had his lawyer help write a response.
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    PublicRule3659. So reading a little deeper into FMLA it look like you have a choice on if you want to return
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    to what you had been doing or if you're willing to take this new position. Either way you should still be paid the same.
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    "On return from FMLA leave, an employee is entitled to be returned to the same position the employee held
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    when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.
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    An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence."
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    Danceswithdogs9 6 OP. Honestly might just copy and paste this as my response to him. If they're keeping someone else in my position,
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    they definitely don't have the hours to give me. I bet they're hoping that I decline their offer.
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    dessertsreversed. This is why healthcare shouldn't be tied to employment. So sorry you're going through this while recovering.
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    Inner_Seesaw_5756 I would ask more questions about the "remote work" and if you're going to continue to be paid the same rate and have the same hours. Keep it in writing. I'd also start looking for a lawyer
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    HeadCharge333 This but just a heads up to make sure that you were on an actual FMLA leave and not just a general leave. Sadly there are plenty of reasons that companies do not have to offer,
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    such as private employers that have 50 or less employees (which sounds like may be the case since I read your company doesn't have HR). The same return to work protections don't apply if it wasn't actually FMLA. You should have a letter stating you were approved for FMLA if it actually was FMLA.
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    Danceswithdogs 96 OP. It is actual FMLA. The company does have over 50 employees, but only a few work in the office. The rest work outside of the office.
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    Swarrlly. This is illegal to fire you while on leave. Talk to a labor lawyer.

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