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Not getting reinstated to old position after FMLA leave

Discussion in 'Medical Leave & Disability' started by Propixulvideo, Apr 26, 2016.

  1. Propixulvideo

    Propixulvideo Law Topic Starter New Member

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    I've been working at this company for a little over 4 years. I Got promoted to lead position about 8 months ago. My wife got pregnant, so I got FMLA and took time off from time to time to care for my wife, then after she gave birth I requested 3 months off through FMLA. I was approved. I came back to work early after 1 month and a half only to find that my position was given to the supervisor's brother in law. I texted my supervisor the next day asking if I'd be getting my position back. He responded saying that I did a great job as lead, but they're looking at a new approach moving forward and I will not be getting my position back. My company employs over 250 people, it is a union company. I have not contacted the union about this issue yet, but I plan to. Any advice? I'm at the point where I'm fed up with the company and I want to start looking for a new job.
     
  2. cbg

    cbg Super Moderator

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    What position were you put into?
     
  3. Propixulvideo

    Propixulvideo Law Topic Starter New Member

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    My previous position. I was a regular CNC machine operator, I was promoted to working lead over CNC, Screw machine, and the production departments. After my leave I was demoted back to CNC machine operator.
     
  4. C-Note

    C-Note Member

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    The first thing you should have done was to contact your Union Representative to see if it is necessary to file a grievance. That is what the Union is for--to help you solve problems with your employment.
     
  5. cbg

    cbg Super Moderator

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    Okay, next question. Have you seen other evidence of reorganization? Other people's jobs being shifted? Notices of potential reorganization? Or are you the only one?

    I'm going somewhere specific with this. Have patience with me.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Also, how much time total did you take off between the "time to time to take care of your wife" and post-baby?
     
  7. Betty3

    Betty3 Super Moderator

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    Did you take off more than the 12 weeks total allowed by FMLA for pre-birth & post birth (even though you employer approved it)?
     

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