Can my employer penalize me for using FMLA? For instance, they are stating that if I call out on a Saturday with FMLA they have the right to reschedule me the following Saturday as we work every other Saturday also if I call out on a day that I have a closing shift, then the next shift I work I will have to close now because I called out on a close. I thought FMLA protects these such penalties. Please help

Asked on March 5, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

FMLA protects you from losing your job--either entirely or in part (e.g. being given fewer hours, a less desirable or renumerative, etc. position). However, it does not preclude the employer from managing its schedule, its staff, and your time. If employees have to sometimes close the store or business, for example, if you take off using FMLA on days when you would close, they can schedule you to close another time; you using FMLA does not mean they have to put all the burden of closing on other employees. What you describe is legal.

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.