Legal Question in Medical Leave in Arkansas

Violation of Family Medical Emergency Leave Act

I recently returned to work after 30 days leave time under the Family Medical & Emergenct Leave Act to be demoted from my former position to one of over $3000 less in annual salary. What can I do about this? I was approved for the leave time by the county and followed the prescribed guidelines as indicated to me by the Human Resource Dept. of my employer. I realize that my job had to be done in my absence and I was replaced by another employee in our department, but upon my return to work my supervisor told me they were making some changes there and that my replacement would remain in my former position and I would go to the position of Deputy Clerk II- which pays much less than I was earning before my leave. Please advise if there is anything I can do about being restored to a position of equal pay and benefits as was stated to me in my rights under the Family Medical & $Emergency Leave Act.This is causing me much undue stress and I am afraid that this will cause a recurrence of my problems for which I was off.


Asked on 1/05/02, 1:18 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Violation of Family Medical Emergency Leave Act

Your description of the situation would seem to be a gross violation of the FMLA. If you took no more than 12 weeks of leave (the maximum amount protected by the Act), then you are entitled to have your job back at the end of your leave with full senority, benefits and salary. You have rights under the Act to get reinstatement, back pay and other damages. Also keep in mind that as a governmental employee you may have other rights such as due process and civil service rights depending on your particular situation.

If I can be of any more service to you, please do not hesitate to call me @ 901.527.5522 or email me at [email protected].

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Answered on 1/07/02, 9:26 am


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