family medical leave act

i was supposed to start back to work after my 12 weeks of unpaid leave for maternity. i was told that there was not a job to return to and was given a serverence package and told to accept it. i was also told before i left on leave that i would have a job to come back to. my company employs more than 100. i have worked here for 16 years and my reviews have been stellar. my plan was to work for 10 more years until retirement benefits would be acquired. i am 34 years old. i also have diabetes and need my insurance. do i have a law suit? i live in georgia

[Edited by awhitmire on 03-25-2001 at 06:26 PM]

FMLA

The purpose of FMLA (family medical leave act) is to guarantee "a" position within the company when you return. A company can not terminate you when you are out on FMLA. However, they may go out of their way to find something to terminate you for once you return. But, most of the time no severance package would be offered in these circumstances. Your position prior to maternity leave may not be the position you come back to, but FMLA guarantees that you will still have a job. Why else would it be offered? You definitely have a case if you can prove that your performance was excellent, you can obtain a specific reason for the termination, and you can show proof of the severance package offered quickly after your return from maternity leave. I would contact the Department of Human Resources in your area to find out the exact state laws in your area. FMLA is a federal policy though, so state laws may not apply. It's usually free to consult an attorney by phone. Not worth letting it go.