Family Medical Leave

[rick714]

What is the name of your state? Georgia
Wife has worked for employer 7 years. 75+ employess.
I left for pregnancy leave and knew in advance it was without pay. However I was told just before I left that work was slow and they were going to list me as laid off and that would allow me to collect some unemployment while I was off. I did collect 3 weeks of the 8 I was off. There never was any indication I was truly being laid off, it was their way off helping me while I was off without pay.
When I was ready to return to work I was told there really was no job for me, but they would create a position, however my pay was $200 less per week than when I left...Do I have recourse.

 

[cbg]

Not unless you have a VALID reason to believe that they laid you off and put you in a lower paying position as retaliation for taking FMLA.

Assuming that the layoff was legitimate (and there is nothing in your post to suggest it isn't) they actually did more for you than was required by law. They are NOT required to create a position for you. If your job has been eliminated by reason of business necessity, they do NOT have to return you to work.

Many people mistakenly believe that FMLA protects them from any and all terminations, layoffs or demotions. But FMLA does not protect you from actions that would have happened regardless of whether you took leave or not. If they would have had to lay you off and put you in a lower paying position if you had not taken leave, they can do it after you return from FMLA.

 

[rick714]

It was made clear that she was not ruly being laid off and no mention was made of any lower pay being a possibility..she was told they would have a job for her when she returned....She has been consistently moved among many areas of the business where it was needed most and her pay has consistently been raised each year regardless of the area she was working in.....This is the first time her pay has been lowered when moved to another area...

 

[cbg]

A couple of questions:

1.) How long TOTAL (including any time she may have missed for pre-natal visits, morning sickness, etc.) did she miss for her pregnancy?

2.) Were there other people laid off at the same time as your wife?

3.) If so, were they returned to work as well? In what positions?

 

[rick714]

1. she never missed any days work....she was off 8 weeks total for pregnancy leave..and of course she had pre-nantal visits once each week last 4 weeks before leaving,,she scheduled them late in work day so as to only miss last hour of work.
2. No one else was laid off. The business as a whole is doing well..(Auto Dealership) She was used for clerical and collection work wherever needed..She was working in one department that was slow at time.No one has been laid off in over 10 years.
3. Also she asked to see her personal file and there was a letter to the state labor dept saying she had been returned to work at the same pay as before she left.

 

[cbg]

You still have not convinced me that anything illegal transpired, since you admit that the department was slow. That being the case, it's by no means impossible that they legitimately didn't have work for her to do, and had to transfer her to keep her employed. The fact that she always received raises before does not obligate them to do so every time; if the job legitimately paid less and if they would have had to transfer or lay her off whether she took leave or not, they can legally do so, at the lower rate of pay, after her leave. There just is nothing in your post that suggests this was in retaliation for taking leave.

However, I don't much like a letter stating she was returned at her regular rate of pay if she was not. (Was the lower pay initiated immediately upon her return, or was she paid at her old rate for any time at all after she came back?)

Bottom line: While I am not convinced that you have any kind of case, if she believes she does, she is free to contact the US DOL (they are the regulatory agency for FMLA issues) and see about making a complaint.

 

[rick714]

thanks for your input

She was paid the lesser amount from the very day she was returned to work..our concern was when we discovered the letter in her file stating she was returned at same pay..it made us think someone was attempting to find loopholes and hide an effort to circumvent regulations...

thanks again for yuor help..I think we will have a l;ocal attorney look over our info and either advice us to move on or move forward..thanks again

 

[SuzieWahoozie]

It's Cheaper This Way

You're certainly free to contact an attorney, but as cbg suggested, you could file your own compalint with the DOL and let them investigate it. That's free! If I were you, I'd try that first.