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Pay Reduction Without Notification? District of Columbia

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  • Pay Reduction Without Notification? District of Columbia

    Hi all,
    New here - thank you in advance for any advice!!

    I had a bad injury about 2 years ago and went on FMLA while I worked part time for the next year. None of the FMLA was unpaid leave - I used my substantial accrued vacation and sick time to supplement (I could be a bit of a workaholic, so I had hundreds of hours accrued). After my FMLA ran out and I was still unable to return to work full time, I went hourly. Throughout all this time, I never paid attention to my paycheck because it was direct deposit and I generally live very frugally. Recently I adjusted my schedule again and looked at my pay rate - it's a full $6/hour less than my agreed-upon hourly rate. When I asked about it, they told me they had lowered my rate when I went on FMLA, but forgot to raise it again when I went hourly. Are they allowed to do that without telling me? While I was on FMLA, I was technically full time but only worked part time, and was using my vacation and sick time that I had accrued while working at my usual rate. I've looked through all my paperwork and email communication from that time, and they never said they were lowering my pay rate. What should I do?

  • #2
    Two years later? Not much. Had you noticed it at the time you could have asked your employer about it. Years later, you are unlikely to get much in the way of resolution, assuming those who made the change are still there. You seriously never looked at your paycheck or even bank statement for 2 years?

    Were you making less because it was FMLA only, or because of the reduced schedule or duties? The former is not legal, the latter is. Lowering it after FMLA expired would also have been legal, so long as it wasn't in retaliation for having taken FMLA.

    The statute of limitations for filing a claim is 2 years, 3 years if willful but only a court/DOL can decide if it meets their definition of "willful". If the reason for the reduction in pay is because you took FMLA, your time is running out to file a claim.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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