Legal Question in Medical Leave in Georgia
Right to pre-maternity compensation after maternity/FMLA leave
While on maternity/FMLA leave, my employer decided to assign me to a new position. As a part-time employee of this large company, I earned a total of $100,000($80,000 in base pay and $20,000 in incentive compensation.) Now, upon my return from FMLA,does my employer have the right to reduce either component of my compensation?
Please help!
2 Answers from Attorneys
Re: Right to pre-maternity compensation after maternity/FMLA leave
Kelly is right. However, there is an exception for "highly compensated employees," who are generally key employees among the highest paid 10% of employees of the employer who work within 75 miles of the facility where the employee taking leave works. If an employer can meet precise standards, they may not have to restore the same or equivalent work to such an employee. FMLA cases are very fact-specific, so I would suggest that you speak with an attorney for specific advice. Feel free to call or e-mail me if you have further questions.
Re: Right to pre-maternity compensation after maternity/FMLA leave
Section 104 of the FMLA requires that upon return from FMLA leave an employee "be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment." However, you do not accrue seniority or employment benefits while on leave. Good luck and I hope this information helps.
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