Can my employer change my shift after I come back from FMLA or vacation?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer change my shift after I come back from FMLA or vacation?

I was on FMLA for 4 weeks after a surgery, I would like to know if my employer can give my shift and my duty to the person who worked as long I was on FMLA.

Asked on August 13, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While you have the right to return to a *substantially* equivalent job--same pay, same benefits, same level of authority or seniority--you are not guaranteed the identical job. Your employer can still manage their business, and can change your title, duties or shift. Your only guaranty is get something more-or-less equivalent.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption