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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20299
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am on intermittent FMLA and my employer switched me from

Customer Question

I am on intermittent FMLA and my employer switched me from salary to hourly. Can they keep me hourly after I go off FMLA?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. There is nothing adverse under the law about an employer changing an employees wage payment from salary to hourly, so yes, the employer could keep you on an hourly basis after you come off of FMLA. What they can't do, unless there is a reason other than your use of FMLA, is to change your actual job. The way in which you are paid for it is not an issue under the law (assuming you are not being paid less for the hours you actually work than you were before.)

As an aside, an employer always has the right to pay all of their employees on an hourly basis. They don't, however, have the reverse right. In other words, only certain types of employees may be paid on a salary basis with no right to overtime. Sounds a bit confusing I am sure, but the reason that all employees can be paid by the hour is that they actually have more rights under wage laws that way, in particular the right to overtime, than they did when paid by salary.

This answer, of course, assumes that there is no written term contract that the employer is violating by paying in this manner. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.