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PHILADELPHIA - (05/09/05) -- A federal judge rejected a plea todismiss a suit by a former executive at American Heritage FCU underthe Family and Medical Leave Act whose job was eliminated in acorporate restructuring. Dennis Heron, former vice president ofmarketing, claims he was demoted the day he returned in October2001 as punishment for taking a three-month leave for depression.Lawyers for the credit unions claim Heron took the leave due towork-related stress. Heron claimed when he returned he was given 24hours to decide whether to accept the newly created position ofmarketing manager at a $20,000 pay cut, so he refused the demotion.The credit union claims the job of vice president for marketing waseliminated as part of a restructuring of the marketing department.U.S. District Court Judge Petrese Tucker said in order to succeedin an FMLA claim Herron must prove he suffered an 'adverseemployment decision'; and that the adverse decision was 'causallyrelated' to his leave.

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