Can my employer make me go to part time after 7 weeks of FMLA

UPDATED: Oct 1, 2022

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Can my employer make me go to part time after 7 weeks of FMLA

I had a child and looking to come into work, a couple
weeks before I left my boss said she was reducing
our hours to part time do to business being slow
when I return. Can I legally fight that?

Asked on June 19, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the reduction is only targetting you, you can likely fight it--file a FMLA retaliation complaint with the department of labor. You may not be punished or retailated against for using FMLA leave.
If the reduction affects several employees, you cannot fight it: reducing several employees' hours supports that the reduction is not punishment or retaliation, but is legitimately due t a business slowdown. FMLA does not prevent the employer from managing her business, or guaranty you work even when the company or its business takes a downturn. All it does is prevent you from being punished for using FMLA; it does not protect you from things affecting multiple employees.

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.

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