Fmla

[teri89]

I had a small nervous break down at work after months of harrasment, I knew their were not doing anything illegal but it was constant. They offered me FMLA I accepted it. Went to the doctor, received medication. Now that I am returning to work in August they have cut my hours down to 25 a week. I usually work 37-40, plus my schedule was always 4 on 2 off. Now it is like 2 on 3 off, 3 on 2 off. I thought I had to be reinstated to the same position. I have more senority than the other 3 employees combined and they all have the same schedule. Is this a violation? If it is then should I contact a lawyer or give them a chance to remedy this?

 

[cbg]

Please answer the following questions before I can answer yours:

1.) How many employees does your employer have within 75 miles of your location? (if you don't know the exact number, over or under 50 will do)

2.) How long have you worked for this employer?

3.) In the 12 months immediately preceding the start of your leave, did you work a minimum of 1,250 hours?

4.) EXACTLY how much time did you miss?

5.) What reason did they give you for the reduction in hours?

 

[teri89]

Employer has about 100 employees
7 years
Yes, I worked more than that
5 weeks
My supervisor didn't say anything just looked at me and said "Well, I will look into giving you more hours"

 

[cbg]

I need more for question 5. While you cannot have your hours lowered BECAUSE you took FMLA, FMLA does not protect you from a reduction in hours that would have happened regardless.

 

[teri89]

Nothing has changed except my hours and schedule. I am not sure what you mean. There were no lay offs and the days on my schedule that I would have worked, on a regular 4 on 2 off, have been given to the other employees. So like I stated it is just a messed up schedule. I am released to go back on the 4th. My first day is the 6th.

On a regular schedule I receive anywhere from 190 hours monthly (January, highest) to June 177 hours (lowest). Now I am down to 120.

 

[cbg]

Here's what I am saying:

If something happened during the course of your leave so that it because necessary for the employer to cut hours, lay people off, adjust schedules, etc., AND these changes would have happened regardlesss of whether you were on leave or not, they are legal and having been in FMLA does not protect you from them.

However, in the absence of such a reason, you must be returned to either your own job or a job that substantially equal in all respects, including hours.

If you think that the only reason your hours were cut is that you took protected medical leave, you can either contact an attorney or file a complaint with the US DOL.

 

[teri89]

They go by senority if they are going to cut hours and I have the most senority.

 

[cbg]

Are you saying that the ones with the most, or the least, seniority get cut generally? If they generally cut the ones with the least seniority, that supports a wrongful action claim on your part. If they generally cut the ones with the most seniority, that about kills the possibility.,

 

[teri89]

They always cut hours of employees with the least seniority.

Thanks for all the advice.