Employer refuses to let me come back in my previous position.

[SHER490]

What is the name of your state? Indiana
After having open heart surgery in Sep 02, and a release from my cardiologist to return to work, my employer, who promised to hold my position as manager, has refused to let me come back in that position. They want me to start back as a part time employee working for a person they put in my position and of course lower pay and no monthly bonuses. They "want to see if I am able to do the job". Is this legal?

 

[cbg]

Under FMLA, your job is protected only for 12 weeks. Since you have been out for considerably longer than that, I'd have to say that yes, it's legal.