Legal Question in Medical Leave in Florida

Re: Job description change during maternity leave

First, it is legal to change the job to full-time in-house if they would have done that anyway, regardless of the FMLA leave. It sounds like he would have because he has a new management plan. But he might be doing it because you are on leave with kids and he wants a worker, not a "mommy." Give some objective thought to whether you think he is being sexist, or just a pain in the neck manager with his own way of doing things regardless of what has worked in the past.

Having said that, if you are the only one affected by change, then something's rotten in Denmark and action (speaking with someone higher up such as HR or a VP or even filing a discrimination complaint) might be called for.

Second, it is not legal for him to demote you (or give you a job with lesser responsibilities, pay and/or benefits) under these circumstances. That would arguably violate the FMLA, the Pregnancy Discrimination Act and Title VII of the Civil Rights Act. (It is not an open and shut case, but you would have valid arguments.) He can certainly offer the other job to you, but if you decline and he forces it on you rather than allowing you to simply come to the office and do your regular job, you should take action.

In that case, you can file a complaint with the EEOC or Florida Human Rights Commission or the county human rights commission where you work. You can also feel free to call me for a free consultation if you feel you might need representation.

Last, regardless of all the above, you can certainly make the claim to the company (HR or some authority) that you are being singled out to give up the telecommuting position wrongfully since there is no business rationale for it so it must be related to your parenting status. Moreover, it is a negative change in your position although you are entitled to return to the same position you had when you left for FMLA leave. (Keep in mind, though, this is just an argument. The response is that they can change the position if they would have anyway, regardless of FMLA.) It is up to you how much you want to fight this. If you do, be prepared for negative repercussions, even discharge. That unfortunately often happens in these cases.

I would recommend discretion and diplomacy, not belligerence and legal claims unless you have no choice. You could offer a compromise such as part-time work from home, part-time in the office, so he can see if it works within his management scheme or not.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.