FMLA: Transfer to an Alternative Position

Handling employees’ health and well-being can be challenging. As an HR professional, you need to understand the Family and Medical Leave Act (FMLA) when it comes to transferring employees to alternative positions during FMLA leave. Doing so is not only a legal requirement but also a key strategy for supporting workforce resilience and retention. In this article, you will find an FMLA: Transfer to an Alternative Position form template to help you document and streamline the transfer process.

Transfer to an Alternative Position under the FMLA Form Template

[Company Name]

TRANSFER TO AN ALTERNATIVE POSITION UNDER THE FMLA FORM

Employee Information:

• Employee Name: ___________________________________
• Employee ID: _____________________________________
• Department: ______________________________________
• Job Title: _______________________________________
• Supervisor Name: _________________________________
• Date of Request: __________________________________

Reason for Transfer:

• ☐ Intermittent or reduced schedule leave under FMLA
• ☐ Temporary incapacity or reduced ability to perform current job duties
• ☐ Other (please specify): ________________________________________

Details of Current Position:

• Current Job Title: _______________________________
• Current Job Duties: ______________________________
• Work Schedule: ___________________________________
• Physical/Environmental Requirements: ______________

Proposed Alternative Position:

• Proposed Job Title: ______________________________
• Proposed Department: _____________________________
• Proposed Supervisor: _____________________________
• Proposed Start Date: _____________________________
• Work Schedule: ___________________________________
• Job Duties: ______________________________________
• Physical/Environmental Requirements: ______________

Medical Certification (if applicable):

• Date of Certification: ____________________________
• Healthcare Provider’s Name: ________________________
• Summary of Medical Condition: ______________________
• Impact on Work Abilities: _________________________

Acknowledgment:

I, the undersigned employee, understand and agree to the terms of the transfer to an alternative position as outlined above. I understand that this transfer is temporary and intended to accommodate my needs under the Family and Medical Leave Act (FMLA). I also understand that I will be returned to my original position or an equivalent position at the conclusion of my FMLA leave, unless otherwise agreed upon.

• Employee Signature: _______________________________
• Date: ___________________________________________
• Supervisor Signature: _____________________________
• Date: ___________________________________________
• HR Representative Signature: _______________________
• Date: ___________________________________________

Note: This template ensures that all necessary information is captured, providing a clear and comprehensive record of the transfer to an alternative position under FMLA.

The Rationale for Transferring Employees Under FMLA

Transferring an employee to an alternative position during FMLA leave can serve several purposes. The primary goal is to accommodate the employee's needs while ensuring that the organization’s operational efficiency is maintained. The following points elaborate on the rationale for this approach:

1. Accommodating Employee Needs: If an employee requires a modified work schedule or job duties due to a medical condition or caretaking responsibilities, a transfer may provide the necessary flexibility.
2. Minimizing Disruption: By transferring an employee to an equivalent or lower-impact position, organizations can avoid significant disruptions to productivity while the employee is on leave.
3. Legal Compliance: Employers must adhere to the provisions set forth under the FMLA, which includes obligations to reinstate employees in their original position or an equivalent role upon their return.

Criteria for Acceptance of an Alternative Position

Before transferring an employee to an alternative position under FMLA, HR professionals must consider specific criteria to ensure compliance with the law and fairness to the employee:

1. Equivalence of Position: An alternative position must provide equivalent pay, benefits, and other terms of employment. While the position may differ in duties, it should not result in a reduction of pay or benefits.
2. Feasibility of Transfer: The transfer should not undermine the employee’s health or well-being. It is critical to evaluate whether the new role accommodates the employee’s medical limitations without increasing their stress or workload.
3. Employee Agreement: HR professionals should engage in an open dialogue with the affected employee about the transfer options and seek their consent before making any changes.

Procedural Best Practices for HR Professionals

To effectively manage the transfer process, HR professionals should adhere to the following best practices:

1. Clear Communication: HR must maintain open lines of communication with the employee throughout the leave process. Providing clear information about the reasoning behind the transfer and how the employee will be supported can alleviate potential concerns.
2. Document Everything: Keep a comprehensive record of all communications, agreements, and the rationale for the transfer. This documentation serves as a critical resource in case of disputes or legal claims.
3. Training for Management: Ensure that supervisors and managers are trained on the requirements of the FMLA, including the process of transferring employees to alternative positions. This ensures consistency in decision-making.
4. Review Company Policies: Assess and, if necessary, update company policies regarding FMLA to ensure they align with legal requirements and best practices related to employee transfers.

Conclusion

Transferring an employee under the Family and Medical Leave Act (FMLA) can be beneficial, but it comes with challenges. As an HR professional, understanding the legal implications is crucial. You must ensure compliance while also supporting the employee’s needs during their leave. Effective communication and thorough documentation are vital to this process. Use the provided form template to make the transition smooth and keep everyone informed.