Can I be demoted after a FMLA absence?
I have been on intermittent FMLA for 18 months due to chronic staph infections. I recently missed 1 hour of work due to issues with a staph infection. Within 30 minutes of my return to work I was demoted due to my "absence issues". Two examples were given to me: 1) the previous week, I took 1 approved day off using my companies "time off request" policy. The approved day off was approved by 2 managers before I submitted the request to a final department. The request was approved and the absence was not counted against me in my attendance records. 2) the FMLA hour that I took on the day of my demotion. I called into work before my shift started and have a confirmation number from that FMLA "call-in".
On the day of my demotion I came in 1 hour late (due to FMLA) was then ushered into a demotion meeting for a half hour and then sent home for the rest of the day without pay. This was initially counted against me in my attendance record but was eventually excused since I never asked to me sent home. I came back to work the following day and reminded my supervisor that under FMLA law I was entitled to an equivalent position and pay after returning from FMLA leave. Within 2 hours they had apologized and Un-Demoted me, however they said they didn't have a position for me at that time. I have however witnessed other employees in the Team Lead position changing shifts (leaving other shifts open) as well as new Team Leads being promoted and put to work. Now I am in my 4th week working at the lowest level in my company while still receiving a higher pay. I am making the "Team Lead" wage, however I am not eligible the Pay for Performance Bonus that everybody else who is doing the job that I am currently doing is eligible for. Is this legal? Also I believe I signed some type of arbitration agreement to get the job, so is a lawsuit out of the question now? Thanks, in advance!
Answers (0)
No answers were found for this question.
Answer This Question
Sign In to Answer this Question
Related Questions with Answers