Can you be demoted when coming back from a medical leave of less than a year?
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Can you be demoted when coming back from a medical leave of less than a year?
I had to take time off for a major
medical condition, my direct supervisor
hinted that I may be brought back with
a lower position and major pay
decrease
Asked on March 15, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you took a legally protected form of leave, like Family and Medical Leave Act (FMLA) leave or leave guaranteed you by a written employment contract, they cannot demote you or otherwise take adverse or negative action against you for using the leave. If they do, contact the department of labor to file a complaint (FMLA) or sue for breach of contract, as appropriate
If it was not legally or contractually guaranteed leave, however, you do not have any job protection for or from using leave and may be freely demoted.
Whether it was protected leave or unprotected you may be demoted for provable reasons not related to the leave, such as documented wrongdoing at work.
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