FMLA question - reinstatement to an equivalent position

I am currently on family leave after the birth of my baby. I was told that:

1) The part-time position I held since April 2000 will be eliminated at the end of my family leave, and

2) I must work full-time if I want to continue my employment.

My understanding is that I should be offered a comparable position under the FMLA and CA pregnancy laws. Is this true? And, does the fact that they told me this one week prior to my medical leave of absence affect anything?

My employer is a very large corporation with thousands of jobs - it seems to me that they should be able to find something comparable rather than just eliminate my position.

1 answer  |  asked Aug 28, 2001 11:53 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
same job

under the california pregnancy discrimination act, you are entitled to your same position when you return from pregnancy disability leave. if you choose to extend that leave pursuant to fmla, you are entitled to the same or a comparable position when you return. if you are told just prior to taking your leave that your position is being eliminate, that action is at least highly suspect.
you need to consult with an attorney experienced in employment law. if you are in southern california, please call me for a consultation.
janet koehn

posted by Janet M. Koehn  |  Aug 29, 2001 10:19 PM [EST]

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