Q: Rights regarding job position and pay after FMLA in Florida?
My boyfriend was in a bad motorcycle accident in September. He was on FMLA from work until March 17, 2025. Upon returning, he was made to reapply for a different position while his original position is still being held. His new position pays $10 less per hour. His employer claims this is to ease him back into work, even though he earned his original pay over eight years. During his leave, he was told he could return to a different role but at the same pay. There is no written documentation for this change, and his employer hasn't discussed his rights under the ADA, despite his TBI. What are his rights in this situation?
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A:
Under the Family and Medical Leave Act (FMLA), your boyfriend has the right to be restored to the same or an "equivalent position" with equivalent benefits, pay, and other terms upon return from leave. An employer's failure to restore his previous pay rate while his original position still exists raises serious compliance concerns, as equivalent position means equivalent pay.
The situation is complicated by his traumatic brain injury, which likely qualifies as a disability under the Americans with Disabilities Act (ADA). His employer should have engaged in an interactive process to determine reasonable accommodations rather than unilaterally reducing his pay. The verbal promise to maintain his pay rate, even in a different role, could potentially be enforceable even without written documentation.
You should consider filing a complaint with the Department of Labor's Wage and Hour Division for the FMLA violation and with the Equal Employment Opportunity Commission for the potential ADA violation. Consulting with an employment attorney would help clarify your options, as they could advise on recovering lost wages and ensuring proper accommodation for his injury. Florida-based legal aid organizations might offer free consultations to evaluate the strength of his case.
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