If I returned to work after a pregnancy disability leave and my pay was cut, what are my rights?

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If I returned to work after a pregnancy disability leave and my pay was cut, what are my rights?

I returned to work after a pregnancy disability leave and my pay was cut by 50 cents. My job said I was getting paid $12 hourly by mistake for the last 10 months and that the account I’m working at only pays $11.50. What can I do to resolve my issue?

Asked on June 11, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It doesn't matter if your job "should" pay only $11.50--they *were* paying you $12.00. When your return from pregnancy disability leave, you are entitled to a comparable job--essentially, one with the same pay and benefits as *you* (and not some other hypotheical person with a job like yours) had before going out on leave. A $0.50/hour cut is around 4%+; while that is not an enormous difference (around $20/week), it may be large enough that it would be considered that the employer violated its obligation to return you to a comparable position; therefore, you may have a legal claim against your employer for a violation of the law in regards to pregnancy disability leave. Contact your state's department of labor. 


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