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On Matern. Leave for 3 weeks and they demoted me-legal? Florida

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  • On Matern. Leave for 3 weeks and they demoted me-legal? Florida

    I had only been on maternity leave for 3 weeks when I decided to go back to work (as a customer service and employee manager). When I arrived at work my first (and only) day back they told me they gave my job to another employee and that I was no longer the manager and I could continue to work there but it would only be part time and my pay would decrease. I've only worked there 10 months and I know FMLA requires 12 months but are the state provisions different? Can they do this to me?? Can they just give my job away while Im on maternity leave and decrease my pay?

  • #2
    Florida has no state provisions that would prohibit this.

    Since you did not qualify for FMLA, you had no job protection.

    How many employees does the employer have? I have one thought for you (and it's not a guarantee) but it depends on the size of your employer whether it applies at all.

    For further responses please see the duplicate post on the Maternity law forum.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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