I had a baby in January and though I had not been working for the company for a year I have taken 10 weeks of leave and was due to return to work on March 12th. I called them to let them know my schedule and that i would, indeed, be returning to work. My boss authorized my hours and then called back two days later saying that my job had been phased out in January. As a consequence I am being demoted and my pay reduced. I am questioning the legality of this. I have worked for the company for 10 months and we have 250 employees. i was in management and have now been reduced to a line employee. Any help would be useful. I cannot survive on the proposed salary ad the two weeks of noticed has made it significantly harder to find a new job that will accommodate my economic needs. my husband and I have decided to separate and I am no longer capable of taking care of myself and the baby. Thanks in advance.

If you worked for the company less than one year, then you were not covered by FMLA, which provides 12 weeks of unpaid leave with job protection. If you were not covered by FMLA, then the company's legal obligation is to treat you no differently than it would an employee who needed 12 weeks of leave (because it sounds like they gave you 12 weeks if you weren't due back till mid March) for a non-maternity reason. So, if they wouldn't hold the job of someone who needed 12 weeks for a broken leg, they have no legal obligation to hold yours.