What are my rights regarding family leave and a demotion?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding family leave and a demotion?
I had to take leave from my job as an RN full-time due to divorce pending and both of my parents that are out of state getting diagnosed with colon cancer and needed surgery immediately. I’m here still in and they both got infected surgical wounds so Im packing wounds twice a day and am unable to return to work until later next month. My boss has demoted me from Assistant Director of Nursing to floor nurse because as he stated I won’t wait for her to return next month and I sure as hell ain’t waiting for her to return ifor 2 months. My doctor has me off work for stress and started me on anti-depressants too . Can they do that?
Asked on October 19, 2012 under Employment Labor Law, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Not every employer is covered by FMLA and the Calfornia equivalent... but considering that you have a director of nursing position-- it looks like it is probably large enough to be included. If your employer is large enough to be covered and you otherwise qualifed for FMLA leave, then the employer could technically put someone else in your position while you are gone--- however.... upon your return from an approved FMLA they would be required to return you to a similar position with similar pay and benefits.
You mention that you took a "leave", but you don't specify whether or not it was an approved FMLA leave. You need to tell your employer that you do want FMLA leave and the associated paperwork for both events: your parent's illness and your current condition. Instead of talking with a manager that doesn't seem to understand FMLA law, talk to HR and make sure that they have your correct paperwork. If you have not completed your application for FMLA leave, get it done asap so that you can protect your job.
If you have troubles beyond that with your employer, consider visiting with an employment law attorney or visiting the agency website that helps with FMLA leave enforcement in California. Their website is: http://www.dfeh.ca.gov/
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.