I was on FMLA when I was told that they had to give a new instructor position to someone else because I was off duty. Later, when I was back at work, I was told that a manpower shortage prevented them from sending me to training for the position, but another person with less seniority was picked to go. Now, it looks like they are not going to schedule any more trainings.

Steve Duggan replies:

Generally, the FMLA protects your return right to your position. It does not guarantee that you must be considered for a job that comes open during that time. However, the law has also been interpreted by the US Department of Labor and the courts to require managers not to consider the status of being on leave when making performance related decisions, such as evaluations and routine promotions, in order to prevent discrimination against an employee because of leave. So, the issue in your case would be whether you should have been picked for this training and promotion, based on past policy and performance, and weren’t because you were on leave. If so, you might have been retaliated against. You should first discuss the matter with your HR, or your boss. If you are unsatisfied with their response, then you should consult with a local employment attorney to explore your options. Good luck with your career!

Posted 05-08-2018

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.