Can my employer change my shift after I come back from FMLA or vacation?

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Can my employer change my shift after I come back from FMLA or vacation?

I was on FMLA for 4 weeks after a surgery, I would like to know if my employer can give my shift and my duty to the person who worked as long I was on FMLA.

Asked on August 13, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While you have the right to return to a *substantially* equivalent job--same pay, same benefits, same level of authority or seniority--you are not guaranteed the identical job. Your employer can still manage their business, and can change your title, duties or shift. Your only guaranty is get something more-or-less equivalent.


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