By Jodi R. Bohr, JD
The Family and Medical Leave Act (FMLA) creates two substantive employee rights: (1) to use a certain amount of leave for protected reasons and (2) to return to her job or an equivalent job after using protected leave. Employers are prohibited from interfering with an employee’s substantive FMLA rights or retaliating against the employee for exercising her rights under the FMLA.
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You must be aware that you can be held liable on a claim for interference if an employee is reinstated to the same or an equivalent position but receives different (i.e., less favorable) assignments after she returns from leave.
As evident from this case, pregnancy leave raises a whole host of concerns in addition to questions about properly handled FMLA leave.