Legal Question in Medical Leave in Indiana

Pay increase prorated if on FMLA

I am a state employee in Indiana. I was informed if I take FML that any pay raise I would be receiving will be prorated depending on how much FML I took, I was told they do this because they (The State) uses a pay for performance job evaluation process. They do not do this for any other kind of leave IE: Vacation,Sick,Compensatory, or Personal. My question is, is this legal for them to do. Thank You


Asked on 3/21/07, 3:30 am

1 Answer from Attorneys

Samuel Hasler Samuel Hasler

Re: Pay increase prorated if on FMLA

I suggest contacting the federal Department of Labor. A bit outside of my usual practice area.

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Answered on 3/27/07, 7:57 am


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