Q: Took FMLA, now they want me to return to a non-equivalent job in Oregon
Starting 2/1, I took approved FMLA and will be returning 4/1. At the end of February my boss called to say that the person filling in for me would be taking the position permanently and I will be returning to her role. My position is in sales with 30% of salary from incentive and the potential for more if goals are exceeded. The new position is in service with no incentive and required international travel. While both jobs are the same level in our company, the expectations for each are quite different. There were no extenuating circumstances that required my boss to fill my position permanently, other than what I believe to be retaliation since I had "anonymously" spoken to HR about his sexist comments. What are my options?
A: Generally speaking, they do not have to hold open your job, just provide you with an equivalent position. That gets fact intensive and there are no real black and white answers, as that basically gets into opinions. You might sit down with a local employment law attorney, best if they do FMLA, and go over all of the facts to get their opinion on the situation.
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