I was a fully remote employee prior to my maternity leave.

Anonymous

March 30,2023 at 3:17PM UTC

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I was a fully remote employee prior to my maternity leave. I returned at the end of January. 2 weeks ago, my boss asked that I return to office full time. Does this count as a “change to terms of employment”? Prior to my leave, I asked if my remote status would be an issue when I returned and she assured mr it wouldn’t be. If I had known, I would have started looking for a new job while on leave.

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AnonymousMarch 30,2023 at 4:23PM UTC
I mean in all fairness, it wasn't an issue when you returned. Two months later, it is.
Is everyone being required to return to the office full time? I'm just wondering if this is an across the board edict from the top down or whether it's just you specifically.
AnonymousMarch 31,2023 at 8:28PM UTC
The official return to office was in April 2022, well before my leave. This is just for me right now.
Zayda HernandezApril 2,2023 at 12:49PM UTC
When you are on leave technically you are being released from your position. FMLA requires that the employer return you to a position equivalent to the one you held not the same one. Since your remote status was approved I suspect you lost that once you left on leave. Try approaching HR and see if you can be approved again for remote status. But at this point they are not obligated to do so.
AnonymousMarch 30,2023 at 5:08PM UTC
Was that documents in writing prior to your leave?
AnonymousMarch 30,2023 at 6:08PM UTC
Did your job you were hired into list it as remote? They have every right to expect workers to return to the office. Now, in saying that, I see that hybrid will be the new norm. I think being flexible with that is important. If you weren't hired as a remote worker but transitioned to remote due to Covid - that allowed you to keep working and earning a paycheck. It was not meant to be forever. That entitlement is not warranted. IF you were hired into a remote worker position, you should lean into that for your side in addressing. It's a very common conversation in the workplace of bringing people back in, preparation is on the employee side of responsibilities. I'm sure they'd provide enough time to prepare for you. The amount of money we all have saved with remote is amazing! Even the daycare costs alone!! I understand your pov, and if you're not a remotely hired employee, you may end of leaving or you may see the company to compromise after feedback to hybrid. Good luck, I know it's a frustrating time.
Annetta MosesMarch 30,2023 at 6:36PM UTC
In general, companies can decide where positions are located. In you want a position to be remote, you would need to be hired into a remote position and “read the fine print in the hiring contract” have a guarantee that the position would be remote for a specific period of time.
Before, COVID, my company had a process to apply for HR approval to work remotely. However, once a position was defined as remote, the “fine print” said the position could be converted back to on site depending on business needs.
Note that companies have moved entire business units and headquarters from one state to another. These companies didn’t consult the employees if they wanted to move. The employees who wanted their job could move to the new state or look for a new job in the old state.
AnonymousMarch 31,2023 at 8:29PM UTC
Yes, totally understand. My question is more so if this goes against FMLA protections.
AnonymousApril 2,2023 at 1:32AM UTC
What does this have to do with FMLA? The only time FMLA applies is when you're out on an acceptable medical reason and the only thing it ensures is that you can come back to an equivalent position after being gone for up to 12 weeks. Anything beyond that is a company decision/policy, not a law.
AnonymousMarch 31,2023 at 12:59PM UTC
When were you hired? If you were in an onsite position before COVID, which became fully remote because of COVID, those jobs are largely transitioning to hybrid or back to onsite. This is true for positions posted as "fully remote" when hiring during COVID (basically for the past three years). As others have said, you can transition, negotiate for hybrid, or look for another job. The culture of the requirement for onsite work has changed significantly in the past three years, so, as Annetta stated below, companies routinely change positions and locations without asking for the employees' permission. If your company cannot make some compromise, your only choices are to go back to work in the office or find another job.
AnonymousMarch 31,2023 at 4:01PM UTC
Was your fully remote status part of the pandemic-related shift to home folks went through, and now your office (not just you) is returning? In other words, were you hired as fully remote with no office-based expectations? If not, this wouldn't be a change in work status. Your post indicates that your boss has asked you to "return" to the office full-time, suggesting that you were office-based at one point.
AnonymousMarch 31,2023 at 8:25PM UTC
I was hired during the pandemic when all were remote; however, when the return to office happened, we were allowed to request fully remote status and I did, and it was approved. HR has me as a fully remote employee, working in my home state vs the state my office is in, my payroll taxes, leave benefits were based on my home state. I don’t have a desk assignment at the office or anything, so it is my official designation.
Ashley DApril 2,2023 at 3:33PM UTC
It does sound like a change in terms then, it’s unreasonable that they had you officially as a remote employee and then have just decided they want you in the office.
AnonymousMarch 31,2023 at 8:44PM UTC
Your company may change its requirements and chalk it up to business strategy and demands. Most companies try and keep their top performers happy so they don't lose them. I would try and find a mutually acceptable compromise.
AnonymousApril 2,2023 at 1:40PM UTC
This does not change terms of employment, I would negotiate a hybrid work environment, and provide your reasonings. If they are adamant about 100% in office then you have a choice to make it work or start searching for a new job.
Crystal HowellApril 2,2023 at 1:57PM UTC
I feel for you, I learned the hard way too!
You must get everything in writing, we no longer live in the Leave it to Beaver, where your word meant something.
Ashley DApril 2,2023 at 3:36PM UTC
I might contact a lawyer, seems like there is some unfairness in this situation but a lawyer would be able to better tell you if you have a case.
AnonymousApril 2,2023 at 7:10PM UTC
Lawyering up will help get to the root of this. If the company has made everyone come back then there is no choice. When you are on leave they are not responsible for letting you know of upcoming changes.