Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
The FMLA is regulated by the DOL, which is the department of labor, if the employer has violated your FMLA rights by not allowing you to return to your same position with the same benefits, the employer is in violation of the FMLA rules.
Your state would have a labor department and you can file directly with them or pursue a private lawsuit.
An employee who believes his or her rights under the FMLA have been violated has the choice of:
Filing a Complaint with the Secretary of Labor
Filing a Private Lawsuit
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).