WWYD.

NoelMarieFrey · April 2014

I usually am not one to complain, but this week has been extremely hard. Its my first week back at work, and DD's first week away from me at daycare. So with that, I've been really emotional. Fast forward to today, and I get my pay check (Which is supposed to be Salary). The pay goes from Thursday-Thursday. I didn't return back to work until Tuesday, but I work 12 hour days. When I go to look at my paycheck over $150 dollars is missing out of it?

While I was off six weeks not only did they cut my pay (paying me less a week), but since I didn't work Thursday, Friday, and Monday of the week, they took three days worth of pay out of my check?

My assumption is being Salary, it doesn't matter that you don't work 3 days, you still get the same amount? Anyways, I seriously just had a melt down in my office because my paycheck is now JUST ENOUGH to pay for my daycare this week. After I pay for that it leaves me with nothing left over. Being off for six weeks with unpaid maternity leave has really put a toll on me.

Am I overreacting? I am pissed that they lowered my pay. But I am also pissed that I am not being paid the amount that I should be because I didn't start my work week on Thursday?

SO and I have discussed cutting costs and me just quitting my job. I am considering it so much more now then I was before.

Soap1 · April 2014

Can you talk to your boss or HR? It might just be a mixup, or a company policy about how salaried employees are paid. Don't quit your job JUST yet, give it a little time to be back to work and see how you feel!

shellbell3845 · April 2014

Were you on unpaid ML? If yes, I'd think even though you're salaried, you wouldn't be paid for those days. Your next paycheck should be for a full week. (At least that's what I experienced. My last pay before ML was short because I went out a day early, and my next pay will be short because I went back in the middle of a pay period.)

SuzyQq02 · April 2014

If you were still considered on leave at that point, then yes, you'd receive a prorated portion of your usual salary since you wouldn't have been on the payroll until your return date.

I'm sorry they lowered your pay, though... did they explain why?

Codypup · April 2014

shellbell3845 said:

Were you on unpaid ML? If yes, I'd think even though you're salaried, you wouldn't be paid for those days. Your next paycheck should be for a full week. (At least that's what I experienced. My last pay before ML was short because I went out a day early, and my next pay will be short because I went back in the middle of a pay period.)

Ditto this. It sucks. I'm salaried also, but took these past 2 weeks as part time. Since I'm the one who runs payroll, I literally just halved my salary for these weeks. My guess is that since you missed 3 full days of your work week, they pro-rated your pay.

I'm sorry hun, that's a major stress on you guys.

NoelMarieFrey · April 2014

My six weeks was Tuesday, which is why it was short, which I am ok with, and it makes sense. I guess I am more upset at the fact they didn't tell me they were lowering my pay.

When I asked why, they said because a co-worker has taken on one of my duties while I was out, and she was going to continue to do it while I am back.

I am an office manager for a Doctors office, so they took over the scheduling of appointments.

I just don't know how to approach this. With the pay cut, I wont be able to afford daycare, and everything else. I wish they would have told me this before I came back to work.

boogerbearoriginal · April 2014

Are you covered by FMLA? If so, reducing your pay due to leave is not legal.

Job restoration

(Q) Can my employer move me to a different job when I return from FMLA leave?

On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is nearly identical (equivalent).

If not returned to the same job, a nearly identical job must:

offer the same shift or general work schedule, and be at a geographically proximate worksite (i.e., one that does not involve a significant increase in commuting time or distance);
involve the same or substantially similar duties, responsibilities, and status;
include the same general level of skill, effort, responsibility and authority;
offer identical pay, including equivalent premium pay, overtime and bonus opportunities, profit-sharing, or other payments, and any unconditional pay increases that occurred during FMLA leave; and
offer identical benefits (such as life insurance, health insurance, disability insurance, sick leave, vacation, educational benefits, pensions, etc.).

Soap1 · April 2014

Booger+Bear said:

Are you covered by FMLA? If so, reducing your pay due to leave is not legal.

Job restoration

(Q) Can my employer move me to a different job when I return from FMLA leave?

On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is nearly identical (equivalent).

If not returned to the same job, a nearly identical job must:

offer the same shift or general work schedule, and be at a geographically proximate worksite (i.e., one that does not involve a significant increase in commuting time or distance);
involve the same or substantially similar duties, responsibilities, and status;
include the same general level of skill, effort, responsibility and authority;
offer identical pay, including equivalent premium pay, overtime and bonus opportunities, profit-sharing, or other payments, and any unconditional pay increases that occurred during FMLA leave; and
offer identical benefits (such as life insurance, health insurance, disability insurance, sick leave, vacation, educational benefits, pensions, etc.).

This. But if you're in a small office you may not be covered.

NoelMarieFrey · April 2014

I wish I was covered. BUT I am in a small internal medicine office and am not covered

yhaener · April 2014

I am a teacher and am salaried, but when I go back to work I will have major deductions each paycheck because my salary will need to be readjusted to take into account the days I didn't work/have sick days saved up for. So while I am salaried my pay is dependent on my working or having sick days to cover the days I am not working. I am not looking forward to seeing what my deduction will be as it will reflect 4 months of not working and having no sick days left to cover any of that time.

Soap1 · April 2014

NoelMarieFrey said:

I wish I was covered. BUT I am in a small internal medicine office and am not covered

I hate that shiz. F maternity policy in the US.

Codypup · April 2014

Dude, that sucks. I'd seriously consider quitting if I came back to that news.

Is staying at home something you're considering? Is it doable?

NoelMarieFrey · April 2014

Thanks ladies, I just need to take a step back and breath before I decide anything.

@Codypup when my SO and I discussed it, we agreed that if I were to stay home that we would have to get rid of things that weren't needed. Such as cable, cellphone, internet, etc. If we were to do that, then I could.

@psk I don't have personal time off, nor sick days.

@Soap1 YES maternity policy in the US sucks! I seriously would have picked up and moved somewhere where they offered paid maternity leave if I could have.

djtippietoes · April 2014

They actually decreased your salary or you just didn't get paid for part of your leave, making your paycheck less?

NoelMarieFrey · April 2014

@djtippietoes both!

boogerbearoriginal · April 2014

Ugh, I'm so sorry you're getting screwed. That really sucks, good luck figuring out the best way forward!

djtippietoes · April 2014

I would be pissed about them cutting your pay but not about them not paying you for the entire week. But yeah, cutting your pay is really shitty especially since that would be illegal if it was a bigger company.

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