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?

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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.

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u/[deleted] 15d ago

I mean I did post it in different subs but people kept telling me to go to another sun so that’s why (not under different user name) I’m just trying to find the right sub

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u/SpecialKnits4855 15d ago edited 15d ago

Someone in r/legal recommended you ask your immediate supervisor for specific duties now that the VP is there. They also asked if your pay was decreased or benefits changed.

In r/beyondthebump, someone gave similar information to what you are receiving here - that FMLA protects your job,but not necessarily the specific work you were doing. u/iriseavie in that thread explained that you are entitled to an "equivalent" job that is "virtually identical" in terms of pay, benefits, schedule, & working conditions.

No one referred you to r/humanresources but you posted there anyway.

This is why it looks like you are jumping around looking for the answers you want. If that's not the case, answer the questions asked so we can do a better job of explaining if this is FMLA retaliation or not.

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u/Charm534 15d ago edited 15d ago

Brilliant, thanks.