When an employee takes Family and Medical Leave Act (FMLA) leave, the law promises job protection. But too often, workers return to find that their duties, pay, or even titles have changed. Employers may claim it’s a business necessity, but in many cases, these moves violate federal and Connecticut law. Understanding how far that protection goes—and where employers cross the line—can make all the difference in protecting your career.

What Job Protection Under FMLA Really Means

The FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons. It also guarantees that when the leave ends, the employee must be restored to the same or an equivalent position. “Equivalent” means the same pay, benefits, work schedule, responsibilities, and authority.

That protection exists so employees can take time off to recover from serious health conditions or care for family members without fear of retaliation. Job protection under FMLA doesn’t just cover termination—it also protects against demotion, reassignment, or changes that make the job less desirable.

If an employee returns to find a lower-level position, reduced pay, or a new department with fewer opportunities, that may violate FMLA. Even if the job title stays the same, changes that strip authority or diminish advancement potential can still qualify as retaliation. Employers cannot use a worker’s absence as a reason to change the terms or conditions of employment.

How Employers Try to Justify Demotions or Reassignments

Many companies claim operational needs forced them to make staffing adjustments while an employee was out on FMLA leave. Some may argue that reorganization, restructuring, or shifting business priorities required reassigning roles. But unless those changes were planned and applied across the board—not targeted at the returning employee—they often don’t hold up under scrutiny.

The law is clear that temporary adjustments to cover an employee’s absence do not justify permanent changes to their position afterward. Job protection under FMLA requires that employees are placed back in the same or equivalent job once their leave concludes.

Demotions disguised as restructuring are common. An employer may claim a position was eliminated but then fill it with someone else, or reduce responsibilities under the guise of performance concerns. Unless the employer can show clear and documented reasons unrelated to FMLA leave, these actions can be unlawful.

Reassignments can also violate the law when they reduce pay, limit future promotion opportunities, or assign less meaningful work. For example, moving a manager to a lower-visibility role, changing shifts to less desirable hours, or removing key clients or accounts may all signal retaliation.

When Job Changes May Be Lawful

There are limited situations where a demotion or reassignment after FMLA leave may be permissible. Employers can take legitimate employment actions unrelated to the leave, but they must be able to prove it.

A demotion may be lawful if it results from:

• A company-wide reduction in force or reorganization that affects multiple employees, not just the person returning from leave
• Documented performance issues that existed before the employee requested or took FMLA leave
• Temporary medical restrictions that prevent the employee from performing essential job functions, requiring a short-term modification agreed upon by both sides

In these situations, employers must still act carefully. The timing of a demotion or reassignment often determines whether it looks legitimate or retaliatory. If an employee’s record was clean before taking leave and the demotion occurs immediately upon return, that timing alone raises red flags.

Employers sometimes rely on performance evaluations or restructuring plans created after the leave began to justify their decisions. Those records may not hold up in court if they appear to have been created as a cover for retaliation.

Protecting Yourself Against FMLA Retaliation

Employees who believe they’ve been punished for taking leave should act quickly. Job protection under FMLA gives workers the right to challenge demotions, reassignments, or any adverse changes tied to their leave.

The first step is to document every change that occurred before, during, and after the leave. Keep copies of emails, performance reviews, job descriptions, and communications about the reassignment or demotion. Comparing these documents can reveal inconsistencies in the employer’s explanation.

Employees should also request written clarification when told their position has changed. A simple written request for the reason behind a reassignment can become crucial evidence if retaliation is suspected. Avoid signing any agreement or acknowledgment of a new role without first understanding its impact on your rights.

If you believe your employer violated job protection under FMLA, contact an employment attorney immediately. An attorney can review whether the employer’s justification holds up and determine if federal or Connecticut FMLA laws were broken. Connecticut law, in particular, offers additional protections beyond federal FMLA, including coverage for smaller employers and longer leave periods in certain situations.

In proven cases of retaliation, employees may be entitled to reinstatement, back pay, lost benefits, and other damages. Courts also have the authority to award attorney’s fees, ensuring workers have the ability to retain competent legal counsel to protect their rights.

Standing Up for Your Rights

Taking FMLA leave should never cost an employee their position, pay, or dignity. Demotions and reassignments that occur after a protected leave often indicate an employer’s disregard for the law. Workers who exercise their right to take leave are entitled to return to work with the same opportunities they had before—not punishment disguised as business necessity.

Madsen, Prestley & Parenteau, LLC represents employees across Connecticut who have faced demotion, retaliation, or reassignment after taking FMLA leave. If your job changed when you returned, or if you believe your employer retaliated against you for using FMLA, it’s time to act.