was appointed office manager a year and half ago at my place of employment. Three weeks ago I went out on FMLA due to stress related to my job.
Yesterday, I received a heads up telephone call from one of my employees, who told me that my bosses were trying to demote me from my current position or reduce my salary and that human resources would be contacting me to sign some type of papers.
As a result, human resources did contact me, but I missed the call. So, I guess I will be calling her back on Monday to see what she wants.
What's is my next step? Can my bosses demote or reduce my pay while on FMLA?
Answers:
No can do, you have a law suit pending if they do in Federal Court if they do. Advise them that you will and in the mean while get some help from an attorney familiar with the procedure.
Similar action happened to my daughter after she came off FMLA for a pregnancy and took some regular sick days to have a minor operation. She was demoted, then quit and followed it with a suit, collecting over 35 k for her trouble.
They can argue that you are not capable of performing the job duties.
This job doesn't sound like it's good for your health, anyway.
Look for a new company while you have the time and money to do so.
It is HIGHLY unlikely that your company would do anything illegal. I think there is a lot more to this story than we know.
As for taking FMLA due to 'stress' ... GIVE ME A BREAK. get back to work. That's the most lame excuse I've ever heard. If you cant take the heat, get out of the kitchen. In other words, if you can't handle the job; quit and get a job that meets your skills.
You will regret burning bridges and causing problems for your employers. They are only trying to provide a job for someone who WANTS a job. It that's not you, then quit. You will need their reference someday.
You are on leave from your job due to stress related due to that job. You obviously are not the right person to fill that position. Yes they can demote you, but you would be better taking a voluntary demotion and saving face. When they put a person in charge of something, they expect them to be able to handle the pressure of the job and BE there. I know of no jobs out there that they pay people to stay at home all stressed out from their job.
first - i am surprised that you are allowed to be out on a job stress related injury on Family Medical Leave. FMLA is a federal program for time for your to take care of family mattrers such as after a baby is born, adoption, caring for a parent, a child in the hospital for an extended amount of time.
but if your state approved it...then great for you.
second - yes, your boss and the company are only looking out for their interest and yes they can do this. they know you are out on job related 'stress' and that is an indicator to them that you cannot handle the job in the future -(nor do they want you to).and also they have no idea how long you will be out...they need someone in your position to take care of the office.
This happened to me in October and when I returned a month later, i was 'laid off'...so they basically rearranged the office and i did not know there was new authority in place of mine...and when i returned..i had no job.they gave a months worth of severance and i got unemployment.
From a companies standpoint...you have already made it clear that it is "job related" and they do not want their worker comp rates to go up and have to pay you a hugh settlement..this is what will happen if you continue there...so i am anticipating that you are eventually going to be let go (whether it be fired or laid off).
This is just the way of the corporate world now.sorry.
you can call your local Labor Board to check what i say...but it is pretty clear cut.
good luck, get well and find another job that is not stressful for you 鈾?
Exactly how did you manage to get time off due to the Family Medical Leave Act due to yourself? Isn't that act supposed to be used to take time off for your children or other family members problems affecting your work?
Or this is some other act in your state?
Funny how you cleverly hid it between an acronym and thought somebody wouldn't know.
I'm a computer geek! We popularized the acronym!
Here's my opinion of this situation with the information you provided:
WYSIWYG
Unfortunately, yes. The problem arose from the job appearing to being more than you can handle. I know of a few people who have voluntarily moved laterally to a different position. Since they did promote you in the first place, you appear to have made some favorable impression. Don't lose it. Utilize it to explore alternate jobs.
One of my colleagues, a fellow Engineer, took on the job of a manager, found he couldn't do it, and moved back to the Engineering job. His work as an Engineer is much more taxing and involves longer hours, but he is good at it - just not at the manager's job.
If you went out because of job related stress, , then your boss has no choice but to reduce your job and salary. He needssomeone who could handle the stress.
And, whoever called you, is way out of line, and they should be terminated. So, I suggest you act as though you never got that call.
Honey, FMLA is for taking leave while you care for a sick family member.
You can't take FMLA for personal job-related stress.
Who are you trying to fool?
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