What should I do if I am covered by FMLA and cleared to go back to work but y employer says that there are no available positions?

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What should I do if I am covered by FMLA and cleared to go back to work but y employer says that there are no available positions?

I have taken all required steps and gone to all doctors visits, as well as provide employer with all supporting documents in a timely manner. I was supposed to receive the FMLA paperwork about 6 weeks ago but did not receive the paperwork until 4 weeks later. What actions should I take if I am not reinstated to return due to an error on the employer’s behalf?

Asked on May 9, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming, as seems to be the case, that both you and your employer were covered by Family and Medical Leave Act leave, that you followed the proper procedures, and that you did not take more leave than legally allowed, your employer must reinstate you at the end of your leave--they have no choice in the matter. A failure to allow you to return violates the law and gives rise to a legal cause of action on part. You could either file a complaint with the state Department of Labor and/or consult with an employment law attorney about possibly bringing a lawsuit.


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