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FMLA question

aluminiumaluminium
in Working Moms

I haven't received confirmation yet, but I have very strong sense that my salary is going to be cut for next year with no reduction in responsibilities or working hours.  Our new fiscal year starts July 1, which is the first day of my scheduled leave.  If I have been reading things correctly, I think FMLA requires that you return to work in the same or similar position at the same salary.  Anyone think I can have a discrimination argument if my salary is cut?

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Re: FMLA question

  • ahava2005ahava2005
    If it is a company wide cut, then no.
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  • aluminiumaluminium
    To clarify a little... I am a 12-month non-teaching employee at a school.  All faculty are getting pay increases. At least one other 12-month staff person in my office already knows he is getting an increase.
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  • trinnytrinny member
    Same for a layoff.  If your position is eleminated, FMLA won't save you.  But if they fire you and hire someone else to do the job, then you are protected.
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  • g_belleg_belle
    to prove discrimination- you'd have to prove that the reduction in salary was because of FMLA time.  If the business/school can show fiscal/business reasons for the decisions then it's not descrimination.  FMLA does mandate a retun to the same or similar position- but if the cuts were going to happen then you aren't protected.  Same for lay-offs (like pp said).  If the position was going to be changed for business reasons then FMLA does not protect. 
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  • Squirrel29Squirrel29 member
    I'm an employment lawyer - so I work with the FMLA a lot - and like pp's have said, no, that's not discrimination.  The company can reduce your pay, demote you or even lay you off while out on FMLA leave as long as they can show it would have happened anyway (basically just a justified business reason for the job change)
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