Can you be transferred to another location if you are on medical leave?

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Can you be transferred to another location if you are on medical leave?

My fiance just got transferred to a store 1 mile away. Not too long after we found out she was pregnant but had to have emergency surgery for what was thought to be a ectopic pregnancy. She soon after the surgery she miscarried and was put on FMLA. But now that she is ready to go back she was informed that she was permanently moved to a location that is further away. The District Manager knew that we were having vehicle problems and could not afford to get a repair. Now she is stressed because she thinks she will lose her job. Is this legal for them to do?

Asked on June 3, 2011 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The company is not allowed to change her job in any way, shape or form when she is on FMLA, especially due to pregnancy issues. She needs to immediately contact the labor board and the Equal Employment Opportunity Commission and discuss this matter. Every discussion she has with her superiors and the company in general should be in writing and she needs to make it very clear to them that what they did was tantamount to retaliation and possibly constructive termination based solely on her FMLA status. If they do not fix this matter, this company could potentially be faced with a not so nice lawsuit regarding gender discrimination, pregnancy discrimination and disability discrimination. Not a good move on the manager's part so she needs someone to talk to the higher ups on this one (and do not use the transportation argument here because that is a losing argument).


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