Can I fight my job being changed due to using FMLA?

I have intermittent FMLA for my son. Due to his condition I’ve had to use a lot of days this summer. I am a janitor and in my department I was assigned an area. However due to ‘absences’ the department manager decided to move me to a float instead of a dedicated area due to supposedly not being able to cover the area. Even though he blocked people being able to be trained. He even change my shift. This causes me to lose 10 of my pay due to shift differential. My son will be going to a group home but I will still be his guardian and will keep FMLA should I need to help him. So is this some thing I can fight legally since it is punishment for using my FMLA?

Asked on September 3, 2018 under Employment Labor Law, New Hampshire


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

Answered 2 years ago | Contributor

Since you are a union member, speak with your rep regarding all of this. If your employer's action violates your union agreement, then you have a claim, otherwise you do not. The fact is that you are not being denied your FMLA time and you employer has a right to the coverage it deems appropriate. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit, absent some form of legally actionable discrimination. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Generally speaking, an employer can chage your work location and duties without your consent unless you have a contract that states otherwise. It is not as if your employer was trying to make your life miserable or deny your rights under FMLA.  If you are part of a union pose the question to their legal division for help based upon your union contract.  Good luck.

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