The FMLA requires that upon return from FLMLA leave, you be returned to the same job or an equivalent position. Â You may not be subjected to a materially adverse employment action, such as a demotion. Â Therefore, if you are demoted, you have a right to bring a claim under the FMLA in federal court. Â Your damages may be limited to any wages denied or lost due to the violation, plus you may be able to recover attorneys fees.