The Family and Medical Leave Act (FMLA), and comparable laws in Washington, D.C. and in many states, bar employers from retaliating against employees for taking their FMLA leave, and that includes demotion. When you take leave, you should be able to expect to return to the same job with no repercussions.
Unfortunately, some employers fail to comply with the FMLA rules. If your employer demotes or threatens to demote you after taking FMLA leave, here are some important things you should know.
You have the right to return to the same job after FMLA leave
Under FMLA, your employer must return you to the same position or a nearly identical one after you return from leave. If they do not return you to the same job, the replacement job must:
- Offer the same general work schedule or shift
- Be at an adjacent worksite if not the same one
- Involve the same or similar work duties and requirements
- Offer identical pay and benefits
In other words, your employer cannot demote you to a lower-paying or lower-ranking job—or a completely different job altogether.
Post-FMLA demotion can only happen in very specific circumstances
Demotions after FMLA leave can legally occur in some circumstances. These include situations where organizational changes will affect your job position regardless of your having taken leave, or if reinstating you to the same job will cause substantial economic injury to the organization.
An employer can also demote you if they have documented performance issues that would have led to a demotion even if you did not take FMLA leave. However, this can sometimes be retaliation. If you think your employer is punishing you for taking a FMLA leave of absence, consulting an attorney can help protect your employee rights.
Demotion can be silent
In some cases, employers demote employees without a formal demotion. Watch out for these signs:
- Reduction in work responsibilities
- Exclusion from meetings or projects
- Unjustified negative performance reviews
- Changes in reporting structure
- Reduction in benefits or perks
- Unfavorable changes in work schedule
These changes can be a way for employers to get around the no-demotion rule, and may be retaliation or a wrongful demotion. In any case, these are violations of employment law and may warrant your considering legal action.
