Came back from FMLA on March 15th-can't peform position-request "equivalent" position

[pittguy578]

Came back from FMLA on March 15th-can't peform position-request "equivalent" position

What is the name of your state (only U.S. law)? PA

I work as a claims rep for an insurance company. I went out on stress induced leave back in December. I came back to my position on March 15th. I was hoping to be able to perform the functions of my position without limitations, but all of my symptoms are coming back. I am stressed out, depressed, can't sleep at night..etc. In addition, on April 1sts I found out my grandmother with whom I am very close has Alzheimer's and is declining rapidly. I am quite ready for a meltdown. I came back hoping I would be able to resume full functionality, but I am not going to be able to do so, at least not at this time.

How would I go about requesting an equivalent position to make sure everything is documented? What are my rights? Any assistance is appreciated.

 

[cbg]

An equivalent position within FMLA statutes means one with all the same responsibilities, or at least the same level of responsibilities, among other things.

So how is that going to help?

 

[Beth3]

It will be entirely up to your employer to decide whether they are willing to transfer you to a different job. You aren't entitled to an "equivalent position." Your employer reinstated you to your position when you returned from FMLA - their legal obligation to you has been met.

What you need to do is meet with your supervisor and perhaps HR and inform them that this just isn't the right position for you at the present time and you are hoping that a transfer to another position that is less stressful will be possible. After that, the ball is entirely in your employer's court.

 

[pattytx]

What type of "equivalent position" is there that you could hold with your current issues?

Since your FMLA has expired, it would be legal for them to let you go.

 

[Beth3]

BTW, if they do have another position available that you're qualified to performan and your employer offers that to you, they don't have to maintain your current pay rate. They can offer the position at whatever rate of pay they feel is appropriate or customary for that job.

 

[swalsh411]

I would like to know how your job is so unbelievably stressful vs. any other job you would be able to perform.

 

[pittguy578]

Another position within the company, even if it is within claims, would be less stressful.
I know first hand other departments within the company do not handle the volume that we handle. Many people are "bored" within other departments-they are literally looking for things to do. I would be more than qualified to hold those positions.

In terms of FMLA, I thought they had to offer an equivalent position if I no longer could perform the duties of my position. I had been on disability, and everyone throught I would be a long term case-even the disability claims rep. They thought I was very courageous for coming back despite my symptoms. I wasn't going to go down without a fight. I would like to remain employed if possible, but if not, I guess I will have to go back on disability. My company offers short term and long term.

 

[CSO286]

Another position within the company, even if it is within claims, would be less stressful.
I know first hand other departments within the company do not handle the volume that we handle. Many people are "bored" within other departments-they are literally looking for things to do. I would be more than qualified to hold those positions.

Then those departments ough to be downsized if there isn't enough for work the staff there to do.

In terms of FMLA, I thought they had to offer an equivalent position if I no longer could perform the duties of my position. I had been on disability, and everyone throught I would be a long term case-even the disability claims rep. They thought I was very courageous for coming back despite my symptoms. I wasn't going to go down without a fight. I would like to remain employed if possible, but if not, I guess I will have to go back on disability. My company offers short term and long term.

It appaer to me that you are asking for them to tranfer you to a dept that is not equivalent, but lesser.....

 

[Beth3]

In terms of FMLA, I thought they had to offer an equivalent position if I no longer could perform the duties of my position.

When you returned from FMLA, your employer was only obligated to return you to your prior position, not find you a new job more to your liking.

Your employer was only obligated to provide an equivalent position if your prior position was no longer available due to changes that would have occurred regardless of your leave - restructuring the business, for example. In any event, your FMLA is over and done with. It has nothing to do with your current situation.

 

[cbg]

You are confusing two different laws.

Under FMLA, the employer has fulfilled their legal obligation. Upon your return, they gave you your old job back. There is no longer any "equivalent job" aspect. It's one or the other. Under FMLA, if you are unable to fulfill the requirements of your postion, too bad so sad but FMLA does not require that the employer do anything at all in that case. If you were given your own or the equivalent job at the time you returned, that's all she wrote where FMLA is concerned.

Under the ADA, which is an entirely separate law but which occasionally overlaps with FMLA, first you need to self-identify yourself as disabled and request a reasonable accomodation. It is usually wisest to invoke the ADA when you make the request, even though technically it is not required by law that you do so. Your employer is entitled to medical verification of your disabilty. Under the ADA, you are disabled if your condition significantly limits a major life function (there's a bit more to it than that, but that's the definition in a nutshell). Once it is established that your condition qualifies for ADA protection, you are entitled to a reasonable accomodation that will allow you to perform the essential functions of your job. That accomodation MIGHT (but does not have to) include moving you to another position for which you are qualified and which is already open. Note that the employer is not required to create a new position for you within your restrictions; to bump someone else out of their position to make a position for you; to put you into a position for which you are not qualified; or to put you at the head of the line over a legitimate seniority system. There is also nothing at all about equivalency in the ADA.

 

[Beth3]

Once it is established that your condition qualifies for ADA protection, you are entitled to a reasonable accomodation that will allow you to perform the essential functions of your condition.

I think you mean...of your job.

 

[cbg]

I think I do too.

Edited to add: There. Now it does.

 

[KmanStuck]

I would like to know how your job is so unbelievably stressful vs. any other job you would be able to perform.

The OP has no idea what stress is .... "hello, yes your damage is not covered by your policy; have a good day." Hardly stressful.

 

[Beth3]

Not really a fair comment, Kman. Stress is relative. Besides, in your scenario, having a desperately unhappy policy holder go beserk on the other end of the phone wouldn't exactly be the highlight of the day...

 

[tranquility]

When my wife did such work, it was from a secure and, generally, undisclosed location not open to the public. All because people getting their claim denied can get a bit...twitchy.