Offered demotion when attempting to return from disability

[Candeplus3]

What is the name of your state (only U.S. law)? Maryland
I was hired on August 30th of 2016. In Mid June I received a positive performance review with a raise that was approved to be higher than “the planned” amount. In late July I went to the Emergency room and was diagnosed with a pulmonary embolism. I was written out of work until August 20th. On August 21 I was written up for “performance” sighting occurrences from prior to my performance review. I was back to work for four days on the forth day I was back in the emergency room with similar symptoms. I have communicated with my my employer since that day as I have had numerous Doctors appointments. Finally I was medically released to return to work and I am being told that I cannot return to my position but rather a lower position at a different location. Is this legal? Does FMLA apply because my employment has been longer than 12 months and I have met the hours requirement?

 

[Taxing Matters]

Finally I was medically released to return to work and I am being told that I cannot return to my position but rather a lower position at a different location. Is this legal? Does FMLA apply because my employment has been longer than 12 months and I have met the hours requirement?

It’s not clear if your employer meets the size requirements to be subject to FMLA. But even if does, your right to FMLA leave occurs only after you have been employed for a year; you had not yet employed a year when you took the leave, so the leave taken before that one year was up is not protected by FMLA. That being the case, the employer could have terminated your employment due to your absence from the job from mid-June to August 20. It did not have to hold a job for you at all, let alone the exact position that you had before going to the ER.

 

[cbg]

Sorry I did not see this thread before I responded to your other one. Nonetheless, I agree with Tax right down the line.

 

[HRZ]

I agree right down the line too....and my suggestion would be you have more protections and options to stay employed with this employer than to be outside looking for employment . As posted you were shy of the 1 year mark to be protected under FMLA .