Legal Question in Medical Leave in Indiana

demoted after maternity leave

I was hired in as an assistant manager and had worked as the assistant manager for this company for over 2 years. I went on a 4 week maternity leave and was called the evening before I was to return to work and told that I was demoted and would receive a pay cut. I never had been written up and had received a raise a few months prior to me going on maternity leave. The terrible thing about the whole thing is that I had visited my place of employment 2 weeks prior to this phone call and it was never brought to my attention that this was going to take place. I was wondering if it was legal to demote someone and give them a pay cut while they are on maternity leave. I always thought they had to offer you a latteral position, meaning they could not decrease your pay. Please help!


Asked on 10/31/02, 3:14 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: demoted after maternity leave

The Family Medical & Leave Act almost certainly protects you from what was done. That federal law permits you to sue for reinstatement to an equivalent position, all lost pay and benefits (plus an equal amount for intentional violations), and attorney fees. Please feel free to contact me at (317) 955-9500 if you would like further assistance.

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Answered on 10/31/02, 4:09 pm


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