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Employment Law/Returning to work after illness


Hi, I had to take a medical leave a few years ago for anxiety and panic attacks.  About 4-5 months.  When I went back to work I was told that I would be making $20k less and that is what the position now pays.

Is this legal and do I have any recourse?

Thanks in advance for you answer.


The employment labor laws do not cover increases or decreases in pay as long as you are either hourly and earning at least minimum wage, or salaried and earning the salary minimum for the exemption you are exempted with under the wage laws.

It is illegal to change job or pay for someone on FMLA, however, that is only guaranteed for 12 weeks. After 12 weeks they do not even haven to give your job back at all.

You are certainly in your rights to talk to an employment attorney or to call the department of labor and talk to them. I do not see a recourse for you.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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