Is it legal for a company to base shift bids /jobs assignments based on a medical leave of absence?

This a a new policy just implemented within the last week. My husband had surgery this past summer and was off work 3 months. The company is basing this new shift bid on the total number of actual hours worked in the last 6 months, not including vacation time, over time or days switched, etc. Now since this policy was just implemented; he had no idea his medical leave would hurt him or he would have tried to return to work with restrictions or may not have had the surgery at all.

Asked on November 26, 2011 under Employment Labor Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is a question that is quite complicated because it involves both federal and state labor laws, possible union collective bargaining contracts and whether or not it is inadvertently discriminatory to those who are on medical leave or have short term disability. Bottom line is the company needs to do what i can to fix its bottom line. However, that does not mean it should be to your detriment. Your husband should consult with his local union representative or contact the state labor department or a private attorney.


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