Legal Question in Medical Leave in Florida

I had a b/l mastecomy on 3/22/10. While I was out, another person was hired to take over my position with a physician. I have been with the company for 5 years.

The company asked me to come back 4 weeks early and I developed a pulmonary emboli and pneumonia. I could not return to my position with the physican, but was given the option to go to another one of their medical offices. I had been a supervisor for 5 years and now I am not. My pay is not the same as I was on salary and now I am hourly. I tried to work in that office and developed pneumonia once again. I have used up my 12 weeks of FMLA. I feel like I was demonted. I am now a phone operator in the phone room Please let me know if I can do anything about this.


Asked on 6/16/10, 2:59 am

1 Answer from Attorneys
Douglas R. Coenson, Esq.

If you were on FMLA, your employer does not have to return you to your same position but is obligated to to at least return you to a similar role. It sounds like this may not be the case; thus, I would recommend you consult with an employment lawyer in your area to determine if you have a valid case.

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Answered on 6/18/10, 11:12 am


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