Can my employer cut my pay when I return from maternity leave?

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Can my employer cut my pay when I return from maternity leave?

Asked on March 4, 2012 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on the circumstances. You may not have your pay cut because you were pregnant, because you are a woman, or because you used a protected form of leave, like FMLA leave. However, if you came back and are working shorter hours than before, or being accomodated in some other way (such as being allowed to telecommute part time), they probably may reduce your pay; or there has been a broad-based restructuring or pay cut (e.g. the company is cutting payroll costs) affecting non-mothers as well, that would most likely be legal. Basically, if pay cut is unrelated to being a woman, being pregnant, or taking approved or protected leave, then it is likely legal; but if you think you are being discriminated against for having been pregnant, being female, having used FMLA leave, etc., you may have a legal claim and you should discuss the matter with an employment law attorney.


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