March 2026 Iowa Q&A roundup

Q           We have an employee who uses Family and Medical Leave Act (FMLA) leave intermittently, and her supervisor never knows when she’s going to call out. The employee handles time-sensitive documentation, and the leave is now causing a hardship to the department. Can we transfer her to a new department without running afoul of any laws?

The FMLA does provide that you can transfer an employee who is using intermittent leave to an alternative position. In general, this is a temporary transfer for the period of FMLA needed, but it could become long term if the employee recertifies FMLA. The new position must have equivalent pay and benefits, which is generally treated by the Department of Labor (DOL) as no change in pay and benefits. To be compliant, the position doesn’t have to have equivalent duties, but you need to be careful that you don’t give the impression that the transfer is a punishment, as a claim of retaliation could be made. A clear business explanation of the transfer and the need for the transfer can be useful in the event of a claim.