Return for Leave of Absence

[loudmaria]

Different (less) Job after Return from LOA

What is the name of your state? Texas
I've been on unpaid Leave of Absence (not medical) for 5 months from a full-time salary position following the birth of my daughter. I am ready to return to work in February but they say the only job they have for me is for 10-15 hours a week and an hourly rate almost half of what I was making before. They say this is my only option and that they will not lay me off. I guess that means I have to take this or I am fired. Can they do that? I want to either return full-time or get lay-off with severance. Thank you for your help.

 

[cbg]

Since you have been on leave for five months (which is CONSIDERABLY more than the law requires) you have lost your right to be reinstated to the same or equivalent position. They do not HAVE to return you to any job at all. Your option is to take the position they offered you or have no job at all. You have NO legal standing to force them to give you EITHER full time hours OR layoff with severance.

 

[JETX]

And if you are 'laid-off', severance is purely at the employers discretion and not a right.

 

[loudmaria]

Thank you

Thank you for the information.