Hey Legal Eagles, can they do this?

[Ima Facultiwyfe]

My daughter is ready to start back to work. She has career status and tenure with the school system but she's been on slick leave and disability for several months. Her old job is still available,but they are going to post it for filling. What they are going to do is give her a post that is actually a demotion even though there are no black marks on her record that anybody is aware of. What should we do. Can they do that?
Love Ima

[Devil in the Blue Dress]

My daughter is ready to start back to work. She has career status and tenure with the school system but she's been on slick leave and disability for several months. Her old job is still available,but they are going to post it for filling. What they are going to do is give her a post that is actually a demotion even though there are no black marks on her record that anybody is aware of. What should we do. Can they do that?
Love Ima

Is she a member of the NCAE? Of so, she can get free advise and assistance in fighting this.

[brianl]

Based on the information that you provide, I would expect that your daughter illness would be a qualifying event under FMLA. Unless she's exceeded the maximum amount of unpaid leave that she is allowed, they are required to keep her in a position equivalent to her post when departing.

If the system does not lower her compensation and/or benefit package, I'd expect that they are meeting that minimum.

I'm no Lawyer though...but I have recently slept at a Holiday Inn Express.

[Cavlaw]

Yes or no, depending on a lot of specifics that you haven't provided us with. If in doubt, consult an employment lawyer.

[Highlander]

My understanding is that tenure with the school system guarantees you a position, but not necessarily your old position. My wife was out on leave for awhile and could have gotten a position back at her old school, but there was no guarantee she'd get to teach AP classes again.

Salaries in NC are set at the state level based on years of service. So if they are paying her what she is due and offering her a position, I think they are fulfilling the tenure obligations.

However, I'm by no means an expert, so I agree it's in your best interest to check it out...

[Devil in the Blue Dress]

My understanding is that tenure with the school system guarantees you a position, but not necessarily your old position. My wife was out on leave for awhile and could have gotten a position back at her old school, but there was no guarantee she'd get to teach AP classes again.

Salaries in NC are set at the state level based on years of service. So if they are paying her what she is due and offering her a position, I think they are fulfilling the tenure obligations.

However, I'm by no means an expert, so I agree it's in your best interest to check it out...

My first thoughts on this matter were along these same lines; however, the ongoing, long lasting medical condition puts this situation into another area unrelated to tenure. A consult with an attorney who regularly deals with employment law, especially related to health and disability issues, could be most helpful in both sorting out the situation and letting the school system know this is not going to be an easy case.