Legal Question in Employment Law in California

That would depend on the grounds for the demotion.

If your taking medical leave was a factor in the decision ton demote you, you may have a case for retaliation. You should speak with a California lawyer that specializes in employment law to fully assess your situation. You can contact my firm either by phone at (213) 536-4236, by email at [email protected], or you can visit our website at www.sarnofflaw.com.

In general, you cannot be demoted upon your return from medical leave BECAUSE you took medical leave. If your medical leave was a CFRA or FMLA leave, in general, you have the right to reinstatement to the same position, or if the same position is no longer available, to a comparable position at the conclusion of the leave. An employer may not transfer an employee to an alternative position in retaliation for the employee taking leave.

However, the employee is not entitled to reinstatement if she is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of the serious health condition that necessitated the leave.

In order to qualify for CFRA/FMLA leave you must have worked for your employer for at least 12 months and worked at least 1,250 hours during the previous 12 months as of the date leave commences and you must be employed at a worksite where the employer employs at least 50 employees within 75 miles.

If your employer is smaller than 50 employees or you have worked for the employer for less than 12 months/1250 hours, you may be entitled to take a finite medical leave under the FEHA if your medical condition qualifies as a disability and proving you the leave does not cause your employer undue hardship. Upon your return to work after your leave, your employer is prohibited from retaliating against for taking the leave, including by demoting you.

This advice is very general and there are many exceptions under these laws that are not discussed here. If you return to work and your employer demotes or terminates you, give our office a call, and we can give you a more personalized assessment of your specific factual circumstances. Our number is (213) 536-4236.