Legal Question in Medical Leave in California

Work after FMLA
Due to maternity leave my company forced me to break up the team that reported to me and assign all employees to other managers. I was out for a total of 15.5 wks (6 wks disability and FMLA unpaid for another 9.5 wks). Upon my return there was no role for me. Though roles came available, I was not even allowed to interview for them. I was only offered a temporary marketing role (vs sales, where I was a top performer for 3 yrs) and a comp package at 40% less. After taking this to HR, I was told that my position was eliminated and that I could resign and be offered a transition package. Is this in violation of FMLA?

Asked on 4/09/02, 9:20 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Work after FMLA

Probably. Depends on how long you had worket there, and how large the company is. There are also California statutes that might come into play.

Answered on 4/10/02, 2:45 pm

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