Can you be demoted while on sick leave?

You may have a legal remedy. Being demoted after returning to work from disability-related absence is most likely to be a form of discrimination which you can take action against. Being demoted at work after an illness can not only damage your career it can further damage your health. It should be challenged.

Can you be demoted for health reasons?

It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments.

Can I be demoted without warning?

Also note that where demotion is a result of disciplinary action following an act of gross misconduct, the employer may be able to dismiss you without notice if you do not agree to the proposed change in terms.

Can you be discriminated against for medical reasons?

It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. Federal laws that protect against medical condition discrimination are the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA).

What is considered medical discrimination?

Medical discrimination can occur when an employer refuses to hire someone with a certain medical condition. It can also occur when an employer finds out about an employee’s medical condition and takes negative action (like demotion or firing) against that employee.

What is unfair demotion?

A wrongful demotion occurs when an employer demotes their employee for unlawful or unwarranted reasons. These laws make it illegal to fire or demote someone on the basis of age, race, disability, genetic information, national origin, pregnancy, gender, and religion.

Can I sue for being demoted?

It is unlawful for employers to wrongfully demote you based on disregarding of public policy, discrimination, or breach of a written/implied contract. If you believe that you have been wrongfully demoted, you have the right to file a lawsuit against your employer and collect damages.

What is family and medical leave under the FMLA?

Family and Medical Leave Act The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Who is eligible to take FMLA leave for domestic violence?

An eligible employee may take FMLA leave because of his or her own serious health condition or to care for a qualifying family member with a serious health condition that resulted from domestic violence.

How is family leave treated in the workplace?

Family Leave will be treated in the same manner as all other leaves of absence. An employee may elect to use any of the accrued paid leave time (Vacation, Administrative or Sick Leave) for the following, however Sick Leave may only be used if the child or family member is ill. a. The birth or placement of a child, and caring for such child; b.

When does an employee have to take medical leave from work?

to take medical leave when the employee is unable to work because of a serious health condition; or for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.