I took approved (meaning my company fell under all FMLA eligibility requirements) FMLA leave for the birth of my first child. I took a total of 10 weeks of leave (eligible for 12). Upon return to work, I was stopped at the front door and told my position had been eliminated while I was gone. They said that my job duties had been disbursed among the remaining office employees and they were able to handle the extra duties with no problems, therefor, they no longer needed my position. They also claimed that the company was experiencing financial harships and this was also part of the reason my position had been eliminated. (Just an FYI- the financial hardships claim is bull and the company experiences gains EVERY year. Plus, my position is the only one that was eliminated within a company of over 300+ employees. Sorry, but a $28K salary isn't going to save a company from financial hardships.)
Anyway, would it be considered a violation of FMLA because they eliminated my position as a direct result of my leave? Had I not taken leave, they would never have disbursed my job duties, and my position never would have been eliminated. I know for a fact that they cannot prove that my job was in danger before I took leave.
One more thing, they also never offered me an equivalent position and said that none were available. However, the admin assistant in our office was "promoted" while I was gone to HR assistant. The HR assistant position was created while I was gone and was not a previous position held by anyone else. So not only was the company NOT experiencing financial hardships like they say it was, they were in fact creating new positions!
Anyone have anything similar happen? What was the outcome?