Im returning to work in SC as a bartender after taking 6 weeks off for maternity leave. I have worked for the company for 5 years. My General Manager has informed me I will not be allowed to work my 4 shifts a week that I used to. He says I can have 2 bartender shifts and if I want more shifts I have to hostess at $10/hr. I make close to $30/hr as a bartender and cannot afford to hostess. Because the bartender position is a tipped position and I'm only paid $5/hr on payroll, he claims that demoting me to hostess would actually be a "raise" because I'd be earning $10/hr rather than $5/hr. Is this legal by FMLA guidelines?
State/Country relating to question: South Carolina
Hello and welcome,You did take FMLA leave while on Maternity Leave?
As far as I know, yes. I read that I didn't have to say "I'm taking FMLA" when I took the time off in order for the leave to be consideredFMLA leave. My employer was aware of the pregnancy and reason for leave.
If the employee is eligible for FMLA leave, the employer should apply that statute to the time off, so my question with regard to using FMLA leave includes whether the employee is eligible for such leave.Assuming the employee her was eligible for such leave, the employer would normally be required to place the employee at their same position or an equivalent one when they return from leave. This requirement would not typically be met where the employee works a different type of job and does not have the opportunity to earn tips as they did prior to leave being taken. A claim for Retaliation, which is prohibited by the statute, could be made based on the employer's failure to return the employee to their position as a bartender following leave.
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