Boss took half week Work and Salary after returning after FMLA. Is that legal?
Boss took half week Work and Salary after returning after FMLA. Is that legal?
Answer Paywizard:
According the Department of Labor's FMLA site:
It is unlawful for any employer to
interfere with or restrain or deny the exercise of any right provided under
this law. Employers cannot use the
taking of FMLA leave as a negative factor in employment actions, such as
hiring, promotions or disciplinary actions; nor can FMLA leave be counted under
"no fault" attendance policies. Under limited circumstances, an
employer may deny reinstatement to work - but not the use
of FMLA leave - to certain highly-paid, salaried ("key") employees.
See: http://www.dol.gov/elaws/esa
If your employer reduced your workday as a "disciplinary action" for taking
FMLA, then technically this is unlawful, but undoubtedly hard to prove. I would
suggest asking your boss why your working hours were reduced and, if it is only
for the week, to make sure that after this week has passed, that you begin
working your full 8 hours again.