Can my employer change my work hours while i’m on sick leave?

Due to return to work soon and employer stated that my hours will change from 7:30-4:00 to 8:30 to 5:00 when I return to work, and that I was put on notice of this change. Can my employer do that? Are my position and hours covered under the sick leave act?

Asked on March 13, 2017 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

Since this change is not material, it is not covered under the FMLA. And that is about the only protection that you'd have regarding this situation. That is unless a change in your scheduled hours is prohibited under the terms of an empoyment contract or union agreement. Otherwise, as an "at will" worker, your company is free to set the conditions of employment much as it see fit, absent actionable discrimination.

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

Answered 3 years ago | Contributor

Since this change is not material, it is not covered under the FMLA. And that is about the only protection that you'd have regarding this situation. That is unless a change in your scheduled hours is prohibited under the terms of an empoyment contract or union agreement. Otherwise, as an "at will" worker, your company is free to set the conditions of employment much as it see fit, absent actionable discrimination.


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