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On fmla when returning from surgery they replaced my

On fmla when returning from...
On fmla when returning from surgery they replaced my position with a new community manager and made me a sales manager. I now answer to the new community manager. They also just wrote me up. I thought they had to give me the same level of job since im answering to my previous position im below not the same level. Is there anything i can do?
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Answered in 1 minute by:
1/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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So, it's possible that the employer may be violating federal law by not returning you to a same or similar position as a community manager. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event.

In your case, if being a community manager and a sales manager are two totally different things, then it is against the law for them to make you a sales manager. Accordingly, you may want to consider filing a complaint with your local department of labor or the US Dept. of Labor. You may need to provide job descriptions to help your case; however, it is the best place to start because they're the ones with the authority to help.

Did you have any other questions for me today?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 6 months ago
What can be done? The stress is horrible do i have to contiune working for them in order to pursue action? They came in with the new managers 2 weeks before my surgery i was already on fmla during that time for chemo and radiation treatments they told me when i returned they would be the new managers and i had to show them the ropes.
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Customer reply replied 6 months ago
Okay i will be up until 11

Thank you so much!

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