[Anxiety Leave] Kayla Was a Graphic Designer at DesignCo

question 54

Multiple Choice

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Assuming Kayla provided proper notice, would a court likely find that DesignCo violated the FMLA by not returning Kayla to the same position when she returned to work?

• A) Yes, because DesignCo did not return Kayla to the same position she had held.
• B) Yes, because DesignCo did not return Kayla to a substantially similar position because she had a different desk and different accounts.
• C) No, as long as the position to which she returned had substantially equivalent skills, effort, responsibility, and authority.
• D) No, as long as the position to which she returned had the same skills, effort, responsibility, and authority.
• E) No, as long as the position to which she returned had substantially equivalent accounts.