Would transferring employees on intermittent FMLA leave violate any laws?

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. She 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?

Possibly but only within narrow limits. The FMLA doesn’t permit an employer to transfer or reassign an employee simply because intermittent leave is inconvenient or disruptive to operations. While intermittent leave can create real staffing and workflow challenges, operational hardship alone doesn’t justify adverse action tied to protected FMLA leave usage. That said, FMLA regulations do allow limited transfers in specific circumstances.

When an employee takes intermittent leave, the employer may temporarily transfer the employee to an alternative position that better accommodates the recurring absences, provided that the position is equivalent in pay and benefits, involves no loss of employment status, and is temporary, lasting only for the duration of the intermittent leave. The employee must also be qualified for the position. If the employee no longer requires intermittent leave, the employer must restore the employee to the same or an equivalent position.