Can I legally be demoted for having a baby?
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Can I legally be demoted for having a baby?
I recently went on medical leave for pregnancy complications. Before leaving, I was asked by my district manager if I planned on returning after the baby was born. I told her “yes, of course. I’ve been a manager with the company for 8 years. I’m not going anywhere”. She then told me that my position wouldn’t be available to me upon returning because I wouldn’t be available 24/7. I told her I would have no problem working the required 48 hours/week 5 days/week and she said that wouldn’t be good enough.
Asked on September 12, 2012 under Employment Labor Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Are you claiming that you were demoted as a violation of FMLA? FMLA permits covered workers to take up to twelve weeks of unpaid leave each year to attend to the birth and care of the new child. When an employee returns from leave, she must be reinstated to her original or an equivalent position. However, the right to reinstatement is not “absolute.” The FMLA permits an employer to deny reinstatement if it can demonstrate it would have discharged the employee if she had not been on leave. The employer must prove the employee was discharged for reasons unrelated to the leave. States often enact their own familt leave type statutes to support workers in your situation (California for example has the California Family Rights Act) and that avenue needs to be explored here. Now, if you went out on disability that could be a whole host of other state and federal concerns depending on the size of the company and the number of employees. I think that you should speak with an attorney in your area to discuss the possibility of a potential claim. Good luck.
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