FMLA and discrimination

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FMLA and discrimination

I am currently on FMLA that states I can only work 40 hours per week, however my
employer still has me working more than 30, and has threatened to terminate me
if I can’t complete a certain number of tasks within a week to 2 week period.
the tasks that are currently mandatory I do that cannot be put aside take 35
hours per week minimum. There was also comments made they feel my medications
are no longer working. I addition, I am allowed 2 days a month in which I should
be able to utilize FMLA days, which I have not been able to take.

Asked on March 11, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

FMLA does not limit the number of hours you can work per week. FMLA gives you the right to take a certain amount of leave--up to 12 weeks total of time unpaid (assuming you and your company are both covered by it), either as a solid block or "intermittment," which could be days here and there or even hours here and there (such as for medical appointements). But while giving you a right to take leave, FMLA does NOT othewise limit how much you can work when you are not actually out on leave. Example: say you need 1 day a week for medical care (e.g. physical therapy, chemo, dialsysis--whatever it is). You don't have to do any work on your leave day, but you can be made to work any number of hours on the other 4 says (e.g. you can work 12 hour+ days the other 4 days). You can also be given tasks that require you to work extra time to complete, given that you are spending some time out on leave: e.g. to work weekends or evenings to make up the time you lose on leave. All FMLA does is guaranty your leave, but does not otherwise restrict your hours or work.


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