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


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.

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.