Legal Question in Medical Leave in Florida

Pay when on FMLA

6months ago my company began a harrassment situation with me. That ended and middle of march began again. This time on 3/22 they advised they would be demoting me to a Cust Service Rep III. I have been w/company 17 years. I went to Dr and a therapist under recommendateion of my health care PA-C and am under a great deal of stress. All paperwork was submitted by my Dr office for paid FMLA. Today on 4/19 I have received a call that ''although they didn't discuss pay with me on 3/22 that they are reducing my salary on Monday 4/22 to 17.09 hr. This is about a $55.00 week difference. Can they do this now during the FMLA? I know they are trying to get me to resign as its been done before. I work for a private utility.


Asked on 4/19/01, 12:28 pm

1 Answer from Attorneys
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: Pay when on FMLA

FMLA only requires the employer to provide unpaid leave. The employer can require you to use up paid leave as part of the FMLA period. If you are being demoted in retaliation for exercising your FMLA rights, you may be entitled to legal relief, including up to double back pay, reinstatement, and attorneys fees.

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Answered on 6/18/01, 8:04 pm


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