Fmla Relocation Legal Considerations

Summary

Relocating HR roles during FMLA leave requires careful documentation and communication. In the first scenario, prior documentation and a signed release support the employers decision. In the second scenario, lack of documentation before FMLA could be problematic, especially with NLRB involvement. Justifying relocation based on collaboration needs and addressing employee relations in a growth area might be defensible if the business need is clearly documented and aligns with strategic goals. Consider addressing employee relations concerns proactively to prevent further petitions.

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two scenarios. A team of * hr professionals. * of the three requested intermittent FMLA and their roles were relocated based on business need. In the first scenario, there was documentation before the leave was requested showing the need to move the role and the employee has subsequently signed a release. In the second scenario, the relocation was not well documented before the FMLA. There was one email from the manager that he later recalled that showed an organizational chart with the new location as the correct location. However, the Decision came after a Petition was filed with the nlrb. The manager went onsite and uncovered ongoing employee relations concerns that need onsite presence. This is the 3rd petition in 2 year.
Hey Tom! Thanks for sharing the details. When dealing with FMLA and relocation issues, it's important to consider both documentation and employee rights. Here are some general points to consider:
- First Scenario: If there was prior documentation and a signed release, it generally supports the employer's decision to relocate roles.
- Second Scenario: Lack of documentation before FMLA could be problematic, especially with NLRB involvement. The manager's findings could justify the relocation, but it may need further examination due to previous petitions.
Would you like more information on NLRB processes or how to address employee relations concerns effectively?
On the second situation, the role moved, was an hr role not typically covered under the nlra. The move was to ensure employees at the location receive support
Hey Tom! In the second scenario, even if an HR role isn't typically covered under the NLRA, the situation might still require careful handling due to past petitions. Here are some considerations:
- Ensure all relocation decisions are well-documented and justified.
- Address employee relations concerns proactively to prevent further petitions.

Would you like to explore strategies for improving documentation or handling employee relations?
What kind of concerns are you referring to
Case Rating: *
Hey Tom! When referring to employee relations concerns, it typically involves issues like communication gaps, unresolved conflicts, or dissatisfaction among employees. These concerns can lead to petitions or grievances if not properly addressed. Would you like to explore specific strategies to manage these concerns effectively?
I understand but my question is spatially around relocating the HRBP from Tampa to Atlanta to resolve these issues.
Case Rating: *
Hi Tom! Relocating an HRBP (Human Resources Business Partner) to address employee relations concerns can be a strategic move. It's essential to ensure that the relocation is well-documented and communicated clearly to avoid legal complications. You might want to focus on the following:
- Clearly outline the business need for relocation.
- Ensure transparency and communication with affected employees.
- Document all decisions and communications related to the relocation.
Is there anything else you need help with regarding this relocation process?
Is it legally defensible justification to say that the functional business leader is in Atlanta so we need the HRBP there to help collaborate. This aligns with moves in other functions in this team. Also, that there was been continued union activity that is uncovering employee relation issues that need to be addressed, and it’s the location with the most planned growth
Case Rating: *
Hey Tom! The justification for relocating the HRBP based on collaboration needs and addressing employee relations in a growth area might be defensible if:
- The business need is clearly documented.
- The move aligns with strategic goals and past practices.
- Employee relations issues are substantial and require onsite presence.
Would you like more guidance on documentation or communication strategies?