Can my job demote me to part time after coming back off of unofficial FMLA?

I hurt my ankle a month ago so I was out for
two weeks at work but due to me not working
there for 12 months I was on leave but not
officially FMLa, upon returning to work last
week and looking at my schedule I see I’ve
now been demoted to part time hours 32 a
week instead of the full time I was doing
before 40 a week, is this legal?

Asked on September 12, 2018 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

If you were not on FMLA (there is no "unoffical FMLA"), you have no protection. That is unless your reduction in hours in some way violated the terms of a union agreement or employment contract. Also, if you used PTO then you should have een covered, althought you may not have worked long enough to accumulate such time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no such thing as "unofficial FMLA." Either you were on FMLA leave or not. If you were not, as you were not (since as you point out, you had not worked there long enough yet), you do not have any of FMLA's protections. You may be demoted.


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