Employer overpaid FMLA

[Lisa5513]

While I was on short-term disability I received some part of my check. I received a letter three weeks after I went back to work. My employer stated that they overpaid me while I was out on FMLA and that they are taking 2 months of my paychecks to makeup there error. Is there anything I can do. I just returned back to work and my necessities of living is at stake.

[Pattymd]

The employer can only reduce your pay to minimum wage, as long as they notify you in advance of the hours worked at the lower rate.

Did you not know you were being paid when you weren't supposed to be? Can you work out a more livable repayment agreement with the employer?

[Lisa5513]

During the time I was out of STD I was hurt in a really bad way and under the care of my doctor. I received my pay through direct deposit and I was receiving family help during that time so, I didn't know I was over(family handled my bills during that time).

My employer is not even trying to work out a livable repayment agreement. I let them know how much I could afford per month and they disagreed and told me they'll determine when the repayment will begin.
Is there any laws that helps with this issue?

[Pattymd]

Other than the fact that you must be paid at least minimum wage, no, not really. They cannot "take" your entire paycheck.

I must say, though, I've been in a professional HR/payroll capacity for many years and they do seem to be acting unreasonably.