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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I am an elementary school teacher. I have had to use FMLA

Customer Question

I am an elementary school teacher. I have had to use FMLA for three years in a row due to personal health reasons. This school year I used all 12 weeks. I have medical records for all of these leaves. I have taught for 23 years. My dr. sent at letter at the end of my fmla that I need to be off the rest of school year and would be able to return to my regular duties 2016-2017 school year. The school ask me to resign and offered me a job as an assistant, this is less than half of my salary. My question is would this fall under a constructive discharge case. I have researched and found this statement...
If an employee took leave under FMLA, sought overtime to which you believed you were entitled, sought a reasonable accommodation under ADA or filed a workers' compensation claim---and thereafter were retaliated against by your employer via mistreatment, change of duties etc.
My case falls under the FMLA and change of duties. Am I entitled to my teaching position back because of this law.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Please tell me what is your medical condition? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.