More details to this question:
I took fmla when I had a baby.once my doctor released me I let fmla now inorder to release me in system..it wasn't evenbut 2 days after getting released my boss called and told me I could no longer keep my fulltime manager position which Is what I was before I took fmla...she said I don't fit managers availablitity-but they had no issue with it prior to me taking fmla..they want to lower my pay over $2 and demote me to cashier..but what I thought is /when u return from fmla they are required to give u ur position back or something equivalent wth same pay..am I right?
1 ANSWER
The Family and Medical Leave Act applies to companies with 50 or more employees within 75 miles of the person seeking FMLA leave. It is unlawful to retaliate against an employee for taking FMLA leave to which they are entitled, and the employer does have to bring them back at substantially the same position as before the FMLA leave, absent exceptional circumstances.
If you have returned to work following FMLA leave, and the employer wants to demote you two days later, they will have a difficult time justifying that. I am not sure what they meant by “managers availability.” FMLA retaliation and interference claims are very fact-specific.
Please call us to schedule a consultation on your case.
Answered on Aug 31st, 2015 at 6:41 AM