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? Find out on

Question - Date: 2008


I recently returned to work after a FMLA to a salary paid position. Although I brought a doctor's note stating that I had no restrictions my employers decided that I would return with 4 hour shifts for the first week. They also decided that I would receive a half week's salary without having discussed that information with me. My question is...can they do that?


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: Department of Labor for all FAQs.

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.

<!-- /15944428/ --> <div id='div-gpt-ad-1604915830963-0'> <script> googletag.cmd.push(function() { googletag.display('div-gpt-ad-1604915830963-0'); }); </script> </div>