Have any laws been broken of my daughter is on intermittent FMLA and was told yesterday that she was being demoted because of her having to take off time for FMLA?

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Have any laws been broken of my daughter is on intermittent FMLA and was told yesterday that she was being demoted because of her having to take off time for FMLA?

They told her they felt that because of this she did not have open availability. They have demoted her from full time hours to 20-32 hours now and a different job title. Her manager told her it was not due to of her work performance, because she was a good worker, but because of having to take time off for FMLA. Since she has been on FMLA she has only taken maybe 3 days off. Are they violating her FMLA rights?

Asked on July 10, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they apparently are violating her FMLA rights. If an employee properly takes FMLA leave for which she is eligible, the employer may not retaliate against her due to her use of the leave, which is a legal (federal law) right. They can move her to a different position or make adjustments to her schedule--her FMLA rights do not prevent an employer from managing its business, and management sometimes requires adjusting employee jobs, schedules, etc.--but it can't reduce her pay, demote her, cut her hours, etc. because of her use of FMLA; if it moves her to a different position, it must be a comparable one, with a closely similar salary and level (even if a different title) within the company.

Your daughter may wish to contact the state or federal departments of labor and inquire into filing a complaint.


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