Legal Question in Medical Leave in New Jersey

I am returning to my company on August 27 after being out on FMLA for maternity. My district manager was hired a few months before my leave and had been making my life a mess before I left. She wrote me up for something out of my control and I even overheard her on the phone say she could get someone in my store to run it like a gold mine. I contacted HR and their brilliant solution was to have me discuss my issues with her directly. This got no where. I went out on leave May 22 and had my son prematurely. I discovered last month that my job as a store manager was posted online for people to apply. Upon contacting my boss, I asked her if I could transfer to a store closer to home then, even if the store manager position isn't open it is under my assumption they have to give me a similar management position with the same pay under FMLA laws. The next similar position (since she is filling my position in my location) would be co-manager which is the store manager supplement. During our conversation she told me they "got rid" of co-manager positions in the company and the only position she could give me would be an assistant manager with less pay and hours. I have found several co-manager postings online for other stores, so it is obvious that the company did not do away with these positions. Is this legal?

Asked on 7/30/12, 12:57 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

This looks like you may have potential claim under FMLA and the Pregnancy Act. Advice your HR or personnel department that you should be allowed to return to your former position and if they refuse then see an employment law attorney.

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Answered on 7/30/12, 3:11 pm

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