What is the name of your state? New Jersey
I have been working as an executive assistant at a company in New Jersey for 8 years. About 6 weeks ago, I went out on Short Term Disability (paid disability by the state, with supplemental pay from my company) due to an illness. After my 1st week of disability, I saw my position listed on an open jobs website, but listed as part-time. I was assured they were simply looking to hire an additional helper for the department, as they realized two assistants were not enough coverage. About 2 weeks later, the HR department called to inform me they had "re-assessed" the position, hired someone to replace me, and I was being transferred to a different department, at the same salary. They could not tell me what my job title would be, or the responsibilities I would have, but said I would not necessarily be working in an "assistant" capacity, as with my previous position.
Is it legal for my company to replace me and transfer me to another department, while I am out on short term disability (STD)? I am unsure whether they have to hold my specific position for me, or just a "comparable" position, during the 12 weeks of STD.
Also, I then sent a letter requesting the company send me a copy of my personnel file (as I wanted to have copies of previous positive employee evaluations, etc.), and received a letter stating I could set up an appointment with the HR rep to "review" my file by calling her. By law, aren't I entitled to receive a copy of my file, no questions asked?
Any help is appreciated as I am truly lost about what I am entitled to.