Is it legal to get demoted after returning from maternity leave?

I came back to my company after maternity leave, I was back for 2 weeks when the Area Director called me to tell me they need me to take a different position at another location. This position was a demotion but they said they can give it my same title so it wasn't "technically" a demotion. I told her no and she said that they couldn't accommodate my school schedule anymore and I had to resign. I said, ok, and they said to make the resignation effective immediately.

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a_and_j_momma

Asked by a_and_j_momma at 4:31 PM on Dec. 5, 2008 in Pregnancy

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This question is closed and filed in the CafeMom Encyclopedia.
Answers (20)
  • Sounds fishy. You should talk to a labor attorney. I don't think a company can make you resign because of a school schedule.
    Madge1428

    Answer by Madge1428 at 4:32 PM on Dec. 5, 2008

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  • ...cont...SO, I did, not thinking of what it would do. Well I received 2 weeks in lieu of notice pay. I was expecting my check in the mail, received it and they had an invoice attached for over $1,000. They said b/c I wasn't back for 30 days, that I had to pay back what they paid out when I was gone on my medical. But, I was back for 2 weeks and received 2 weeks in lieu of notice pay, isnt' that "technically" 30 days? I was so screwed b/c I didn't get paid for the last 6 weeks of my leave and then had $1000 taken out of my checks. I have an attorney and they offered the $1,000 back but wont' admit to wrong-doing. To top it off, when I was out, I found out that they were promising another girl my position and she got it when I left
    a_and_j_momma

    Answer by a_and_j_momma at 4:31 PM on Dec. 5, 2008

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  • Not illegal. They are required to hold a job for you but not the same position.

    Anonymous

    Answer by Anonymous at 4:32 PM on Dec. 5, 2008

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  • I thought that you have to come back to your original position
    a_and_j_momma

    Answer by a_and_j_momma at 4:33 PM on Dec. 5, 2008

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  • Ahh I didn't know you more to write
    Anonymous

    Answer by Anonymous at 4:33 PM on Dec. 5, 2008

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  • No, they DON"T have to give you the same position, but they have to have one for you.

    Anonymous

    Answer by Anonymous at 4:34 PM on Dec. 5, 2008

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  • Yes, they have to offer either your position (if it had remained open) or a similar available position to you. I would definitely talk to your lawyer about the way it was handled though...it doesn't seem right.
    kabbot01

    Answer by kabbot01 at 4:37 PM on Dec. 5, 2008

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  • That's the thing, I was an admin assistant and they wanted me to move to be a receptionist. position. Totally different. Another thing to add is I've never had a bad review or any type of talking to so I don't know where it came from. I guess I'm still hurt :(
    a_and_j_momma

    Answer by a_and_j_momma at 4:48 PM on Dec. 5, 2008

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  • Well, there are a couple of different issues in what you describe. Asking you to pay back what was paid on med leave: not illegal. If you are not back, working daily for 30 days before quitting/resigning/being fired, they can demand reimbursement. FMLA specifically states that (I only know this one so well b/c I was quitting after the birth of my first child and had to make sure I met the requirement). Now, the other stuff they did does not sound legal to me. They have to have your position or a similar position for you to return to. The only question is how they determine similar. If most of the job duties of the recept. are the same as the admin asst, then they could have a case, since you refused to change. If the duties are different, then I'd say you have a case. I'd find a atty that specializes in employment issues and see what they say.
    tropicalmama

    Answer by tropicalmama at 5:08 PM on Dec. 5, 2008

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  • It may also depend on your state since different states have different laws regarding FMLA. I would talk to someone at your state's labor board to see if this was right. It could be that they found a sneaky loop hole to push you through.
    beckcorc

    Answer by beckcorc at 5:58 PM on Dec. 5, 2008

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