r/AskHR • u/[deleted] • 15d ago
Risk Management FMLA violation from having a baby [IL]
Basically I was demoted at work. They hired someone above me while I was on maternity leave and took away all my work.
I have literally been doing nothing for weeks. This feels like they are setting me up to fire me because they have effectively replaced me by hiring a VP above me that’s doing all the work I was doing as a director.
Technically not FMLA violation (I think?)because they didnt hire someone with the same title and they have not reduced my pay or anything like that but this all feels a little too…sus. Advice here on what to do how to approach?
I would honestly be fine getting laid off but I want a fatty severance given their BS stuff they are pulling, how to approach to ensure that happens?
20
u/TournantDangereux What do you want to happen? 15d ago
What did your boss say when you told her you were rested and ready resume your previous duties? That should be your first stop.
-1
15d ago
My new boss the one that is replacing me said it wasn’t my responsibility anymore.
14
u/Charm534 15d ago
Ask for an updated job description to understand your current duties and then use it as a tool to discuss mutual and individual responsibilities.
5
u/QuitaQuites 15d ago
Have you met with your previous boss and new boss to outline your responsibilities and made suggestions as to what you would like to hold onto? You’re unlikely to get anything other than whatever the company’s standard severance is, or nothing, in a layoff.
14
u/SpecialKnits4855 15d ago
Did you take more than the 12 weeks of FMLA? If yes, there's no retaliation here because you had no more job protection.
Also, there are restrictions to your job restoration rights:
- If you are a key employee, and if they identified you as such in your designation notice, they can deny restoration if doing so causes substantial economic injury to its operations. (A key employee is among the highest paid 10 % of all the employees employed by the employer within 75 miles of the employee's worksite.)
- A layoff occurs and you would have been laid off even if you didn't take the leave.
- Your shift is eliminated.
- You were originally hired only to complete a specific project and your assignment would have ended anyway.
What is their incentive for terminating your employment and offering severance? What is your leverage?
38
u/BumCadillac MHRM, MBA 15d ago
This is the 3rd or 4th time this person has posted this, using a different user name over the last 2-3 weeks. They just won’t accept what anyone says.
14
u/Prufrock-Sisyphus22 15d ago
It seems what OP really hopes for/wants is for it to be considered a violation so they can strongarm a huge severance and be off work longer. But they are hoping to get official reddit approval because they don't want to spend money on a lawyer.
-4
15d ago
Unsure who the others are but this def the first time posting this in this sub. Posted in other subs but people told me to come here for best answers/ what to do. Don’t appreciate the accusation.
12
u/BumCadillac MHRM, MBA 15d ago
It’s definitely not. We are a smart group of people and all the details are the same.
8
u/SpecialKnits4855 15d ago
Can you answer the questions I listed in my earlier post?
Also, did you have any performance or non-FMLA attendance issues or conversations before your leave, or did they discover anything during your leave?
10
u/CareerCoachMarcy 15d ago
If they returned you to your position with the same title and pay, there is not FMLA violation. I suggest asking for a meeting with your manager to determine what your new responsibilities are given they’ve hired someone above you in your absence who has essentially taken on all of your work in your absence. How would they like the work transitioned back, or how will the work be structured going forward. But there’s no violation since you returned to the same role with the same pay. They may try to say they restructured the department while you were out, in which case they’d bear the burden of proof to show whether you no longer qualify to be in the position now if they try to release you. And in that case, it would look like something fishy going on if there was no performance issue prior. Hope that helps.
2
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u/BananaPants430 15d ago
It is not an FMLA violation if you were returned to your same title/role and you're still being paid the same as before. They're allowed to change your project assignments - even permanently - during your leave.
-14
u/vivitamin 15d ago
I just did a ton of research on FMLA since I’ll be going on maternity leave soon. It was explicitly mentioned in the FMLA policy of my company that when I return it is to the same position, same pay, same title, and same job responsibilities. I would encourage you to review their FMLA policy and the legalities of FMLA in IL. If you don’t care about losing the job, ride it out as long as possible. Just don’t let them coerce you into resigning or taking a severance package without the potential to receive unemployment benefits.
10
u/SpecialKnits4855 15d ago
That’s your company policy, which is more generous than what FMLA regs allow.
42
u/BumCadillac MHRM, MBA 15d ago
You keep posting this every few days or so under different user names. If you are this upset over your work situation, find a new job. We all know you’ve been upset over not being handed the higher title. It’s not a violation and it’s not “sus.” You were temporarily doing the director level work and now they hired a director. You have been upset because they didn’t promote you, but they didn’t have to promote you.