Is reducing summer pay for a teacher on FMLA during the school year legal?

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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 9 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.


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