FMLA- Demoted when coming back from leave

[SJOC]

What is the name of your state (only U.S. law)? Texas
I started an entry level position with my employer 4 years ago. There was two rows of cubicles..may or may not set in the same seat everyday. Basically cleared invoices all day. I worked hard and was promoted to claims in less than a year. I flourished in the job. The job entails critical thinking skills, problem solving, speaking to motor clubs regarding debits, just 2 of us in a closed office and my own regular office desk. My health began to deteriorate and I visited every Dr I could think of.
I got sick towards the end of January and been on leave since then. My HR person has told me when I come back I will go back to clearing invoices [ where I started]
I have begged for my job back. My passion is claims and I'm good at it. They have narrowed my weird sickness to a PARATHYROID tumor and when I get it taken out..I will be as good as new.
I wrote my HR person to let her know the good news and asked again to be reinstated but she still says I'll still go back to clearing invoices. What can I do? She said if I do not want to go back to clearing then I'll have to resign. PLEASE HELP...

 

[cbg]

Just to be absolutely certain, when you return to work how long will you have been out, EXACTLY?

 

[eerelations]

Just to be absolutely certain, when you return to work how long will you have been out, EXACTLY?

And also, is OP entitled to FMLA leave? (As in lots of people who aren't entitled to FMLA leave think they are.) OP, does your employer have at least 50 employees within a 75-mile radius? And did you work at least 1250 hours during the year immediately preceding your first leave date?

 

[cbg]

The reason we are asking is this:

When it is FMLA, there is going to come a day when today it is illegal to demote you, and tomorrow it is legal to do so. Based on what you have posted so far, it is possible (though not definite) that you are coming close to that day. Depending on the exact date you went out, that date could be as close as two weeks away or as far away as seven weeks.

If it is not FMLA, and ee is right that often FMLA gets used as an umbrella word meaning any kind of medical leave, then that date was the day after you first went out.

So to know what kind of protections you have we need to confirm that this is FMLA under the statutory definition, and how long your leave is likely to be overall.