Job reclassification with 6500 salary loss while on FMLA intermediate with benefits in Florida

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Job reclassification with 6500 salary loss while on FMLA intermediate with benefits in Florida

17 years with same job title. I’m on FMLA currently can they cut my annual salary 6500 ?

Asked on March 20, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They cannot cut your salary because you are on FMLA--that would be illegal retaliation. They can cut it for unrelated reasons: e.g. if you had documented performance issues previously; if they are doing a broader (i.e. not just you) restructuring or realignment of pay, such as for economic reasons; etc. FMLA doesn't bar employment changes--just changes due to taking/using FMLA. So the question is: is there some valid, non-FMLA or non-medical condition reason for this? If there is, it is legal; if not, you may have a retaliation complaint and should contact your state department of labor. Good luck.


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