Is reducing summer pay for a teacher on FMLA during the school year legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is reducing summer pay for a teacher on FMLA during the school year legal?
I am about to go out on 5 weeks unpaid maternity leave. I have been told I will see a reduction in my summer pay because I won’t be “banking” money for 6 weeks and that I am only a 10 month employee. This contradicts my contract, which states I have a “yearly salary” and the contract covers my employment for 24 months (2 year contract). My school’s policies have previously been found in violation of FMLA so I question this policy as well.
Asked on April 6, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Family and Medical Leave Act pay is unpaid (unless the employer chooses to pay you, or your contract specifically requieres it be paid, in one way or another). Salaried employees do not have to be paid during their time on FMLA leave, other than as the above; therefore, for example, if someone is paid an annual salary and takes the full 3 months of FMLA leave, he or she would only earn 3/4 of his or her salary that year. (Approximately; I am rounding somewhat for simplicity.) For you, the critical question is the interaction of FMLA and your contract, which cannot be answered in the abstract; you need an employment law attorney to review the contract's specific terms with you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.