If I need to move to the day shift , does my employer have to cooperate if I provide documentation?

I work for a shipyard that has put me on night shift. I have been on this shift for over 1 month (I have worked for this company for 110 days so far) and my wife has recently been diagnosed with bipolar disorder and anxiety (she works days and has filed and been approved for FMLA to get to her appointments).

Asked on January 28, 2013 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, your employer does not have to cooperate. If you and your employer are both eligible for FMLA in this situation, and the situation warrants FMLA leave, you may take FMLA leave; but the employer  is not otherwise required to reschedule you or change your shift. Furthermore, if you miss  work without authorization or approval, and without using FMLA leave or PTO that you've earned, you  may be terminated for it.


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