Legal Question in Medical Leave in Louisiana
Fmla
With approved intermittent/Reduced scheduled Leave for a disabled child is an employer required to hold an employee's job or can the employer demote the employee or fire the employee?
1 Answer from Attorneys
Re: Fmla
The essense of the FMLA is that an employer must hold your position. I am not an employment lawyer, but my understanding of the FMLA provisions on this is that the employer does not have to keep you in the exact same position, but he cannot demote you or put you in a less desirable position to the one you had prior to taking the FMLA leave.
My understanding is also that you must request the leave (BEFORE YOU LEAVE) under the FMLA to qualify for that protection.
Employment law is a pretty specialized area of practice. I would find an employment lawyer in your area and talk to them about it. It sounds as if you may have a valid grievance to me.
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