Hi,
Im out of work on maternity leave, im suppose to return back to work on feb 18th if all goes well with my operation. I'am being told that they are planing to give my position to some one else in the company and putting me somewhere else that i do not want to be [which is totally different from what i was hired to do & a demotion]. Its this legal?
I definetly do not want to be switched around in the company like i do not have a title, i'am going to quit.
Is that wise?
What should i do?


Now i have been at this company for 4 years now this April and also due for a raise.

Let's start with the easy part. Is the employer subject to the FMLA (does the company have at least 50 employees at your job site or within a 75-mile radius)? If so, did you work at least 1,250 hours immediately prior to your leave? And how long have you been out so far?

Hi Pattymd

Yes, the company has more than 50 employees. If you consider working 40 hours, 5 days a week without having a break except for earned vacation days then yes, I have worked 1,250 hours immediatetly prior to my leave.
My newborn child was born on Dec 20th, 2007 by C-Section. According to my calculations as of Feb 7th, 2008 that's approximatly 7 weeks. I just had surgery on Feb 6th, 2008 and my return date is Feb 18th, 2008. Presently I have been employed for 3 years 10 months and I'm due for a raise.

Contact an attorney see if he/she can draft a letter.
JoeC

Did you talk to HR about FMLA Leave? Or did they talk to you about it? A subject employer is required to (at least) provisionally designate leave that they know (or suspect) will qualify for FMLA leave, and pregnancy/birth absolutely does.

I have not spoken to anybody yet. My boss was spoke to one of my co-workers and she is keeping me posted.

Why aren't you talking directly to HR?

As I just now hung up the phone with an employee who was upset that she was told by a coworker that her position was being given away when it is not, stop listening to rumors. Call HR or your supervisor and discuss what the return plan is for you.

Will do!!!
My boss just left me a message on my cell phone to call him back, so i will post it back with what happens.

Thank You - ElleMD / pattyMD