Legal Question in Medical Leave in California

Lost Position After FMLA (Maternity)

After taking Family Medical Leave due to child birth, my old position was given to another person. they did not place me to another position so I ended up ''floating ''. I have been with my company for 3 1/2 years and did not exhaust my 12 weeks leave nor any bad records. There was a position available on a different location but was given to an Asst. Manager. Is this legal? Can they fire me or lay me off? if not, until when am I protected by FMLA? If I quit, can I still file a complaint against my company? What is the statute of limitation?


Asked on 7/22/04, 2:41 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Lost Position After FMLA (Maternity)

If you can demonstate they didn't comply with FMLA rules about guaranty of your job on return, or if they are 'retaliating' by making employment difficult, you may have a claim. The burden of proof is on you, so put together all the facts in a written chronology to show an attorney. Contact me if interested in taking action.

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Answered on 7/22/04, 6:13 pm


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