FMLA

I live in AZ and I am currently 7 months pregnant and will be taking FMLA when the baby is born. My company does not offer any sort of paid maternity leave, so FMLA is my only choice. I am a regional sales manager and work remotely from my home when I’m not on the road. My husband and I have decided to move to Illinois after the baby is born but will be moving while I’m on leave. Is my employer still required to have a position available for me even though I am moving to another state. Let me add that my corporate office is based in IA but we have employees nationwide.

Asked on March 7, 2017 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your voluntary move does not require a different position for you or increase your employer's costs or disrupt operations, they will need to hold your job. But if your voluntary job would require a change of some sort in your position--for example, you could no longer effectively manage your current region, due to an increase in travel time or you not being able to travel to your region as frequently--then they would not need to hold your job. FMLA requires them to keep your position for you, not to give you a different position (e.g. a different region) or have to accept higher post-FMLA costs or less efficiency due to something you voluntarily do while on leave.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your voluntary move does not require a different position for you or increase your employer's costs or disrupt operations, they will need to hold your job. But if your voluntary job would require a change of some sort in your position--for example, you could no longer effectively manage your current region, due to an increase in travel time or you not being able to travel to your region as frequently--then they would not need to hold your job. FMLA requires them to keep your position for you, not to give you a different position (e.g. a different region) or have to accept higher post-FMLA costs or less efficiency due to something you voluntarily do while on leave.


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