Q: Can I be demoted while on approved FMLA in Florida? Can this be considered retaliation? What is an equivalent position?
I've been with my company 4+ years & supervisor for 2. I returned from approved 12 weeks FMLA 11/2020 after having my baby. My pregnancy was high risk & worked up until the day I went into labor. I never had any bad performance reviews or behavior while/before becoming a supervisor. Prior to me returning i received a call from my new director stating I will no longer be a supervisor and demoted down to a lead. One of the big portfolios i managed was no longer with our company & was told there will not be enough work for 2supervisors even though i had other big portfolios. All my portfolios was given to the other supervisor who is possibly in her 50's. They told me my pay would be the same(which I'm on salary) would have my own accounts to call(basically a collector). Prior I only worked one night a week, now I work 2. I make about a 100+calls a day collecting on accounts and have recently been asked to clock in/out. I have not done any "lead" work. Is this an "equivalent position"?
A: Under the FMLA, an “equivalent position” is defined as, “one that is virtually identical to the employee’s former position, not only with respect to pay and benefits, but also working conditions, including privileges, perquisites and status." So it sounds like the working conditions and status of your position have been changed. However, you have a damages issue. If you are receiving the same pay, it is hard to quantify how you are damaged by any loss of working conditions or status. I would reach out to an employment attorney in your state for a consultation to discuss any options available.
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