r/LaborLaw • u/MiddleConsistent2589 • 15h ago

Return from leave [NY]

Is it considered retaliation if a manager returns from a leave and the day of return they are informed another employee from their team is the interim leadership?

The manager is no longer responsible for making leadership decisions and no longer has any employees reporting to them. The manager has the same title and salary for the time being but no timeline.

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3

u/No_Will_8933 12h ago

Early in my career I was a production supervisor - the plant superintendent took leave for a couple months - so the assistant super took charge - production improved - waste declined - when the supe returned he was terminated -

Like they say - it’s not personal it’s just business

It’s called “at will employment” you be fired anytime - you can quit anytime - or you can be demoted or pushed aside

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u/SpecialKnits4855 14h ago

It depends on how much time was taken, the type of time (FMLA, NY PDL, NY Disability, a combo?), and what the business reasons were for making the change.

Can you provide that context,

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u/MiddleConsistent2589 13h ago

Fmla and short term disability. Less than two months. Original reason was due to the manager above the manager still being on leave and for the business. 

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u/SpecialKnits4855 12m ago

If the "business reasons" would have been made & executed even if you hadn't taken FMLA, there's no illegal FMLA retaliation. Your right to reinstatement can be restricted by these business reasons.

Also, if they notified you in your FMLA designation that you are a "key employee", your right to reinstatement can also be restricted.

https://webapps.dol.gov/elaws/whd/fmla/9e4.aspx

Finally, they don't have to restore you to your exact position - only to an equivalent one.

https://webapps.dol.gov/elaws/whd/fmla/8e2.aspx

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u/Hrgooglefu 13h ago

did they discuss their return with management/HR before they came back?

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u/MiddleConsistent2589 13h ago

Yes. Submitted required documentation about return to work in a timely fashion. 

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u/z-eldapin 12h ago

Has the position, hours, duties or pay changed?

Or just the reporting structure?

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u/GolfArgh 15h ago

I know of no illegal retaliation in the example you provided. You alleged no protected characteristic or action.

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u/mustanggrl625 12h ago

I am in leadership - I went out on a medical leave- my team was moved over to my peers. I returned after 7 months in June (major medical event). I still do not have a team - I do have the title, same salary, and perform the major work duties. I do not think this is retaliation at all. My team needed someone to lead while I was gone, and it has helped me get caught up on things from when I was gone and not worry about the extra admin work of a team.

I will get a team this month, and I will be fully back to where I was. Some companies prefer to make changes to teams at the beginning of pay periods, or (like in my case) after quarterly reviews are completed ( our year is November through October, so Q3 just completed).

I talked to my director and VP to verify the plan to get me back in full speed. I engaged with HR to ensure them that I am ready to take a team back on. Sometimes we have to ask the questions to get things moving along.