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Please OP do NOT even respond so we don't get too far afield....
Why not? Having more facts enables everyone to have an informed opinion. I find that people are way too management-friendly on this forum, as though management never makes mistakes. I worked in an office where someone was on medical leave for a veeeery long time. I don't think I ever saw anyone else use their desk...and there was good evidence that this person was probably not ever going to come back (not for any meaningful length of time, anyway). Then again, this was a union environment, which (in theory, at least) puts checks on management's behavior.
Name three objective reasons management would choose the OP's desk over two people who are also on medical leave (presumably before the OP, but OP...correct me if I'm wrong).
Quote:
Originally Posted by MechaMan
There are approximately zero.
Probably not a coincidence.
Maybe there are, maybe there are none.
Doesn’t matter in the least. FMLA protects your job, but it doesn’t protect any particular portion of your job. They can move you, change your supervisor, and change your responsibilities, as long as they give you something comparable when you return.
I've worked in jobs where someone else took over my desk if I was out for two weeks. Usually when I came back they would move to another desk that was available for at least a week. Sometimes it was a temp, sometimes a junior person who didn't have a desk because we were short on space, or sometimes someone who was visiting from another office. It wasn't personal.
I understand your question and fear. Yet, someone has to do your job while you are gone right? So that makes sense them using your desk. I would be a little worried though,what if that person did better than you and management liked them better. At the same time your job is protected ( or similar one at least) under the FMLA.
Your position, or one comparable in rank and at equal or greater pay is guaranteed. Your workspace is not and should not be guaranteed. You don’t own it, the company does. I’ve had to hire replacements for people on leave and I always had them sit at the desk previously occupied by the person on leave. It’s not personal, it’s business. I never had time to get bogged down in the drama of who sets where, and frankly could care less.
I am currently on medical leave and found out from someone who walked by my desk that my stuff is gone and another person is in my desk. It's only been one month and I have no idea how long they have been sitting there. Even my name is gone. Can they do that? Isn't there some protection for FMLA leave? I couldn't find anything online about it.
My understanding is that someone on FMLA leave must get SOME reasonable job, when he returns. The employer is not obligated to hold that particular job open. If an employee is going to be out for a long length of time, the employer will probably hire someone else to fill your post, and offer you something else, when you return.
From the employer's point of view, if the position you had was necessary, then they would have to get someone to do it, in your absence. If they don't have someone who has the time & skill, they'll have to hire someone. It's their choice whether to hire a temp or permanent employee.
Did you discuss your job situation with them, when you discussed taking FMLA leave?
Your position, or one comparable in rank and at equal or greater pay is guaranteed. Your workspace is not and should not be guaranteed. You don’t own it, the company does. I’ve had to hire replacements for people on leave and I always had them sit at the desk previously occupied by the person on leave. It’s not personal, it’s business. I never had time to get bogged down in the drama of who sets where, and frankly could care less.
Your pay is guaranteed. You are not necessarily guaranteed the same level of job. If there isn't that level of job available, then there is no job to offer.
One paralegal I worked with went on FMLA. They hired a new paralegal to replace her, while she was out. When she called to say she was returning, they offered her a lower level job; there were no paralegal jobs open. Same pay, though, I assume.
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