Change in Job due to spouse fmla and disablity

[Peppy]

What is the name of your state? north carolina
due to my temp illness my spouse had to take some time off of work. He was hired as salary. Since going back to work off of fmla his company put him on hourly pay. They said until my illness was taken care of he would have to go to hourly. Is this legal? I thought fmla was to protect your job. What is our rights legally?

 

[Beth3]

How long was your husband off work?

 

[Peppy]

flma change job reply

He was out of work for 5 days on fmla. Some weeks he would average 20 to 25 hours a week during the first onset which was about 3 to 4 weeks prior to the fmla request. They did not ask for a form to be filled out for the request for fmla. We offered to fax them a copy of the letter the dr wrote. They suggested he take 4 to 5 days off without pay and when he returned is when they told him of his changes.

 

[Beth3]

The law requires that if an employee returns from FMLA within 12 weeks, the employee must be reintated to their former position and pay, or to a position of equal stature and pay. However, the details of your husband's situation are a little confusing. Is he back to work full-time since his leave? Or is he still working less than his usual schedule BECAUSE of his illness, in which case the absences may appropriately be attributed to FMLA on an intermittent basis. The FMLA specifically states that the employer does not have to pay for FMLA leave time, including intermittent leave, even for exempt employees.

From your post, I can't tell if your husband has been retalliated against for taking FMLA or if your husband is still working a reduced schedule in which case the employer likely hasn't violated the law.