Hours cut after FMLA leave?
I am to return to work this week following FMLA protected leave. My boss is only allowing me to work one day(seven hours). He says that if I want more hours I should call the other stores to see if they'll have me(I work at a gas station).
Before leaving I was working 30 or so hours a week and never past 5 pm. I had worked that schedule for over a year with few deviations. Also, the other stores that he is speaking of are over 30 minutes away when I live only five minutes from his. The person that he brought in to cover me was a floater and instead of returning him to his floater status, he wants me to be a floater.
My question is, in Florida, can he do that?
Best Answer
can they? probably...
were you classified as full-time prior to your leave?
they must return you to as similar as possible working conditions/duties and your pay and benefits must be the same or more.
the job you did/do probably has not changed and since you state that you worked 30 or so hours i imagine they classified you as a part-time employee. as long as they continue to pay you the same per hour as before your leave and the decrease in hours has not caused you to become ineligible for any accrued benefits what they have done is probably legal. they have offered you more hours in other locations within a reasonable area that is also allowed with businesses that have only a few employees in each of multiple locations and use this type of floater position within the same geographic area. this is however a change from your previous working conditions so it may not be legal (it is a gray area that requires assistance from DOL).
this is common in multi-unit service/retail type businesses and franchises.
what they have done may not be legal but it probably is, the way to know for sure is contact the DOL and ask: 1-866-4US-WAGE (1-866-487-9243) this number is where you start with questions about enforcement of FMLA
EDIT:
"Working a shift different from my norm would change my job responsibilities. With the shift change would come the added responsibility of stocking the cooler, changing trash, and sweeping the parking lot."
that change could easily happen at any time, common duties of a retail job being assigned to an employee does not constitute a change in working conditions.
if you really think you have a case contact the DOL and file a complaint but do so only after talking to HR .....