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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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