Here in Texas under the FMLA the employer has to return you to your job or an equivalent position.
A position is equivalent only if it is virtually identical, in every important respect, to the employee’s former position. Courts will look at the following factors in determining whether a position is equivalent:
- Salary. An employee is entitled to the same salary or hourly compensation, as well as any opportunities to earn extra money (through overtime or performance-based bonuses, for example), that were previously available. The employee is also entitled to any automatic raises that took place during the employee’s leave.
- Employee Benefits. The equivalent position must offer the same benefits, at the same levels, as the employee’s previous job.
- Job duties. The job duties must be substantially similar to those of the former job. Minor alterations are\allowed, but the new position must have the same prestige in the company as the employee’s former position. Employers get in trouble when the “equivalent”position starts to look more like a demotion.
- Shift and schedule. Ordinarily, an employee is entitled to be returned to the same shift and to the same or an equivalent schedule.
- Worksite. A job at a different worksite is not an equivalent position if it significantly increases the employee’s commute in time, distance, or both.
If you were on FMLA here and returned to your job as you can see the position offered is not equivalent and a complaint to DOL here is warranted.You may also consider an employment lawyer here to force them to offer you an equivalent position and back pay you are owed here for the demotion.You can also seek legal fees and costs.
File your complaint here.
You may want to have local lawyer send demand letter to employer and copy of complaint..
You can locate a local lawyer here through our state bar.They have a great consultation program , you get ahlf hour face to face with local employment lawyer.
You may also file a second complaint with EEOC as discrimination here is apparent as well based on what you present..
I am so sorry you have had to go through all of this.I hope you will pursue your remedies.Thanks again.