Can an employer make you a full time employee if you were hired to work Part time?

I was hired ad a part time employee. My hire paper work shows- Part Time. While
on an unpaid medical leave I made sure I filed FMLA to ensure my position was
secure while on leave. I’m returning back to work/with accommodations and while
discussing my schedule I was told that I’m no longer part time and I have to move
to a full time schedule.
Is this legal?
I’m located in GA

Asked on January 15, 2019 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A buciness cannot retaliate against a worker for using FMLA. That having been said, The FMLA doesn't prohibit a business from managing their operations, including schedule changes, etc. Further, increasing employee hours is not typically viewed as a detrimental action.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal. FMLA doea not prevent an employer from managing their business or making changes to staffing--it just prevents them taking hours to your detriment, such as reducing your hours or pay, which are done not for a valid business reason but in retaliation for using FMLA leave. But increasing a person's hours (and hence, presumably, what they earn) is not seen as a detriment but rather a positive generally, ans so this is something they can do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.