Employees who takeare entitled to the same or an equivalent job when they return. That means that the job must be virtually identical in all aspects, including pay.
If you change the pay, the reason is irrelevant—it’s anviolation.
Recent case: Elizabeth worked as a caseworker for a social services agency. She needed surgery and went out on FMLA leave.
When she returned, she was placed in a different position. She had the same title and responsibilities, but the job paid a little less.
She sued, alleging she had been denied reinstatement.
The agency argued that a union contract dictated her transfer and pay. The court said the reason for the lower pay didn’t matter—it still violated the FMLA. (Daugherty v. Jefferson County, et al., No. 7:13-CV-491, ND NY, 2015)
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