Legal Question in Medical Leave in Indiana
family medical leave and pay increases
If an employee takes fmla during a business' fiscal year and the company has stated that all eligible employ- ees will receive an "x" amount pay increase with the start of the new year, can the company decrease the employee's raise because of the fmla taken?
1 Answer from Attorneys
FMLA Leave and Pay Increases
The regulations to the Family Medical Leave Act state, in part, at Section 825.220: "By the same token, employers cannot use the takiing 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." An employer might be prohibited from basing a pay increase on whether or not an employee took FMLA leave. You should contact an attorney in your area, to determine how the particular facts and circumstances of your situation affect your employment rights.
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