I started a new job in march of this year. I had complications during my pregnancy so the doctor put me on leave early. Orignally my employer signed my request to take time off and they noted they would hire someone to replace me while on leave. But when i callled and emailed them they began to give me the run around finally they told that they hired someone for my position and that they would see where they could place me but i need to be patient.

On top of that i was salary but they would only pay me from 8-5 regaurdless of when i clocked in whith an hour lunch deducted even if i did not take the full hour. on one occassion i was asked to work over time but my hours never added up. what can i do and who can i talk to. my disability is just about up and i need to go back to work to support both my kids.

How long have you been out? Has your doctor actually released you?

If you are on salary, are you also exempt? What exactly do you do for a living? The way they paid you would be perfectly legal if you were exempt. You would get paid the same amount no atter how many hours you worked.

You have more than one issue here and I am not one to address the pregnancy aspect. See http://jobsearch.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=jobsearch&zu=http%3A%2F%2Fwww.eeoc.gov%2Ffacts%2Ffs-preg.html

You were salary, which means you were paid a flat amount each week (or two weeks, depending on your pay frequency), but that does not tell me if you were "non-exempt" and should be paid for overtime or if you were "exempt" from overtime.

If you were paid less than $455 a week, you are automatically "non-exempt" and must be paid overtime for any hours over 40 that you work in a work week. If you are paid more that $455 a week, there are some other requirements that you need to meet, but they are not all that difficult.

Without knowing precisely what you do, I could not begin to guess what your classification is.

You worked 8 AM to 5 PM with an hour for lunch and received no extra pay when you worked through lunch. That would be legal, if you are correctly classified as an exempt employee.

almost 12 weeks on leave I would assume so because my complications were due to pregnancy and i am no longer pregnant.
i was hired to be on hourly though i was hired to be the secretary but i was also working closley with A/P and doing some of the collecting

I'm not sure what you are assuming but if it is whether or not you are released to return to work, assuming isn't enough. Even if you do fall under a legally protected leave of some kind your employer isn't required to reinstate you without a release that you are able to return.

the problem is i have no position to go back to work. they hired someone permantley instead of temporily like we had originally discussed

Under PDL, you could take up to 16 weeks off for a pregnancy related medical reason. You would need to be placed in either the same position or a similar one. If you either haven't been released by the doctor or are no longer considered disabled but haven't returned, then you don't have to be restored to the same positon, at least at this point.

And, to the pay issue, based on what you've said you do, you would be a nonexempt employee and would have had to be paid for all hours worked; if you worked through your lunch period, you would have had to be paid for it. And, since overtime in California is due after 8 hours worked in a workday, I see it as overtime as well. PLUS, the DLSE can enforce a one hours' pay penalty for not providing the required meal period.

If you want to address the pay issues, you can file a claim with the Division of Labor Standards Enforcement.

If you have been released to go back to work, and they aren't letting you come back, file a claim the Department of Fair Employment and Housing.