Can an employer legally leave you off the work schedule?

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Can an employer legally leave you off the work schedule?

I was recently hit by a car on the way to work and suffered injuries that prompted my temporary leave. I now have my release form stating I’m able to work. My employer is telling me they can’t fit me into the schedule because they have too many people, so basically I’ve been replaced even though they told me my job would be here for me. I still work there but they are telling me it could be weeks, even months, before I get any hours. This seems very unlawful to me. Is this legal?

Asked on January 27, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They only have to hold your job for you if you used Family and Medical Leave Act (FMLA) leave--which, of course, means that your company would have to have been covered under the Act (has 50 employees within a 75-mile radius) and you would have to have been eligible for it (worked there at least a year; worked 1,250 or more hours in the last 12 months), and also that you requested to take FMLA leave. If you used FMLA leave, the law requires them to give you your job or a comparable one (similar pay, benefits, level) on your return. But if you did not use FMLA leave, then they did not have to have a job for you, and could legally leave you off the work schedule.


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