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Old 03-21-2019, 06:57 PM
 
3,419 posts, read 866,189 times
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Quote:
Originally Posted by jc718 View Post
I am currently on Paid Family Leave and was told that when I return but to work (May) my department will no longer exist. My boss is being laid off and any work I was doing for him is being transferred to another office.

I was told that there "might" be an Executive Assistant position but the company would reduce my pay. This past January the company gave out pay raises and I received one.

If they don't find me an EA position they will lay me off.

My legal question is for regarding the job change and pay rate...Is it legal for a company to offer someone a position when they come back from maternity leave at a lower pay rate?

Thanks
If paid maternity does not run concurrent with FMLA, it may not be real FMLA.

They might be paying you and offering this "benefit" so that organizational changes can take place which would violate FMLA rules.

It's only legal if you ACCEPT the offer. Do NOT talk to your boss, do NOT talk to HR. Take them to court.
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Old 03-21-2019, 07:11 PM
 
Location: Somewhere that cost too much
380 posts, read 211,996 times
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Quote:
Originally Posted by Maddie104 View Post
there are two distinct situations that apply to job restoration while on leave.

1) If you go on FMLA and your position is not eliminated but for whatever reason the company decides they cannot hold the posotion open for you, you must be restored to a comparable position upon return.

2) If you go on FMLA and your department/position is eliminated while on leave, you should be treated as though you were there at the time the job was eliminated. So, if you would have been laid off, then you can be laid off while on leave with no job guarantee. FMLA does not afford you greater protections than you would have been entitled to had you not been on leave. So, in this case, you may be offered another available job at the salary commensurate for the job or be laid off -- if this is how you would have been treated if you were not on leave.

LIMITATIONS TO FMLA PROTECTIONS

An employee on FMLA leave is not protected from actions that would have affected him or her if the employee was not on FMLA leave. For example, if a shift has been eliminated, or overtime has been decreased, an employee would not be entitled to return to work that shift or the original overtime hours. If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement.


Companies cannot disclose these things in advance of the actual business decision.
The company laid off two other bosses within the department while I was on disability. Half of my workload was gone. This company knew they were going to get rid of the other two. They chose not to disclose when. They certainly could have. I'm not saying that just for me but for the morale in the office as a whole. The vibe that was once fun turned to something very depressing.

Regardless I'm looking for another job. I just wanted to know if the pay cut was legal if they did offer another position.

Thank you for everyone for your input.
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Old 03-21-2019, 08:46 PM
 
77 posts, read 66,448 times
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It's legal. It certainly sounds like there won't be anything for you to go back to after your leave is up. Definitely start looking full steam.
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Old 03-21-2019, 09:49 PM
 
Location: Somewhere that cost too much
380 posts, read 211,996 times
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Quote:
Originally Posted by ddm2k View Post
If paid maternity does not run concurrent with FMLA, it may not be real FMLA.

They might be paying you and offering this "benefit" so that organizational changes can take place which would violate FMLA rules.

It's only legal if you ACCEPT the offer. Do NOT talk to your boss, do NOT talk to HR. Take them to court.
1) We don't have an HR department.
2) I'm in NYC and I'm on Paid Family Leave. I've paid into this not the company. I'm not on FMLA. Paid Family Leave and FMLA are different.
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Old 03-22-2019, 07:27 AM
 
2,465 posts, read 699,218 times
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Quote:
Originally Posted by jc718 View Post
2) I'm in NYC and I'm on Paid Family Leave. I've paid into this not the company.
How do you pay in to paid family leave?
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Old 03-22-2019, 08:47 AM
 
827 posts, read 216,811 times
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Quote:
Originally Posted by jc718 View Post
1) We don't have an HR department.
2) I'm in NYC and I'm on Paid Family Leave. I've paid into this not the company. I'm not on FMLA. Paid Family Leave and FMLA are different.
Since NY Paid Family Leave is a state law, your best bet may be to contact them directly as there may be few on this board who are familiar with NY state law.


https://paidfamilyleave.ny.gov/bondi...ve-birth-child
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Old 03-22-2019, 08:50 AM
 
Location: Somewhere that cost too much
380 posts, read 211,996 times
Reputation: 206
Quote:
Originally Posted by bobsell View Post
How do you pay in to paid family leave?
Payroll deductions.

Not every state has Paid Family Leave. I found this online
https://sbshrs.adpinfo.com/paid-fami...ho-pays-for-it
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Old 03-22-2019, 10:21 AM
 
6,630 posts, read 2,388,817 times
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Quote:
Originally Posted by Hemlock140 View Post
That is correct, and FMLA requires the same pay and benefits, and "similar" duties if not the same as before. If laid off soon after returning you could complain to the EEOC and then sue, but if the employer can prove that it was not retaliation but unrelated business reasons, you can be let go.

I think there's a caveat to that though. "if at all possible".
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Old 03-22-2019, 11:27 AM
 
3,419 posts, read 866,189 times
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Quote:
Originally Posted by Sassybluesy View Post
I think there's a caveat to that though. "if at all possible".
Since the company doesn't have HR, I suspect it may be small enough to be exempt from FMLA due to the low number of employees. But talk to a professional before self-defeating what you're adamant about protecting.
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Old 03-22-2019, 12:08 PM
 
Location: Somewhere that cost too much
380 posts, read 211,996 times
Reputation: 206
Quote:
Originally Posted by ddm2k View Post
Since the company doesn't have HR, I suspect it may be small enough to be exempt from FMLA due to the low number of employees. But talk to a professional before self-defeating what you're adamant about protecting.
Thank you. I will see.
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