Ma: Demoted While On Pfmla Leave

Location: Boston, MA

I’m currently on approved PFMLA leave for the birth of a child and set to return to work next Tuesday. Last week, my boss messaged me, instructing me to check my work inbox for an email she sent about “department restructuring.”

The email stated that my position of Assistant Controller is being eliminated and they’re creating a new position called Director of Accounting Operations, which they are giving to the person brought in as my temporary replacement while I was on leave. They are creating a second position (Senior Financial Analyst) and placing me in it. This is a support role and non-management position, and all of my current duties and direct reports will be moved to report to the Director of Accounting Operations. My new job will have no direct reports and serve to assist the Director of Financial Planning and Analysis.

This new, higher position was not posted anywhere for external or internal candidates, and the first anyone had heard of it was when my boss announced that my replacement will be serving that role permanently.

While my pay will stay the same, this is a clear demotion from a management to non-management role. It also significantly alters my advancement opportunities (as well as looking bad on my resume). There appears to be little to no difference between my current role and this newly created position other than its inflated title (and, likely, salary). Neither I nor anyone else had the opportunity to advance to this new Director role.

Is this legal? It seems like retaliation and sham restructuring to me. Is my boss even permitted to tell me to check my email while I’m on leave? I’m curious what my recourse is here. I haven’t yet responded to her email, since I don’t want to accept the demotion, but I also don’t want them to interpret my saying that as me quitting.

Any info is greatly appreciated! Thank you!