Legal Question in Medical Leave in Kansas

Return from FMLA demotion

I have been struggling with depression for the last year. I took a leave last summer for about a month. At that time I was returned to my supervisor position. I again took a leave in November and did not return until February. While on leave, I had heard that I was going to be demoted. I called and asked 2 weeks before I came back what the status of my job was and told that we would discuss my job duties when I returned. I was told to come in 3 hours later than what my shift normally started to be told of the demotion. Is this legal? I though FMLA protected your job. I was told my job was no longer available, yet 5 weeks after my return they have brought someone else in to the department to do the job. I feel I've been discriminated against. Do I have any kind of leg to stand on?


Asked on 3/24/03, 3:24 pm

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Return from FMLA demotion

I am assuming that you returned to work before your FMLA leave expired. If so, then in general you are entitled to restoration to the position you held or to an equivalent position without the loss of any benefits accrued prior to the beginning of leave. The FMLA does not require that an employee be returned to the exact position held prior to taking leave. Did the demotion involve a loss of wages or benefits? If so, I think you have a case worth reviewing. You should consult with an experienced employment law attorney who represents primarily employees. Call me if you wish.

Jim Wisler

Wisler Law Offices

Personal Injury Lawyers

1311 Wakarusa Drive, Suite 2200

Lawrence, KS 66049

866-844-4110 toll free

785-843-4110

785-840-0424 fax

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Answered on 3/25/03, 3:55 pm


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