Legal Question in Medical Leave in California

voluntary demotion

returned to work, reinstated, after a few months, voluntarily demoted self. verbal agreement with immediate supervisor to reinstate to former postion when feeling better. informed him i was feeling better. he will not reinstate me. can i use fmla to get reinstated?


Asked on 3/18/02, 1:06 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: voluntary demotion

Good question. I might need to research that one a little.

How long were you out on leave, and how long were you in the demoted position. Total FMLA is 12 weeks, but there might be other avenues.

Also, there could be a binding verbal contract.

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Answered on 3/18/02, 4:45 pm


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