i was out of work due to illness with doctor’s excuse can my job change my position from ull tome to on call worker

UPDATED: Oct 1, 2022

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i was out of work due to illness with doctor’s excuse can my job change my position from ull tome to on call worker

I had miscarriage provided job with
dr’s paperwork that supervisor never
sent to human resourses. I had to fight
for my job and after 30days was told
can go back to work. When i got to work
i was demoted from full time to on call
when neede is this legal in louisiana.
Mind you another employee told me that
my dr’s papeework was fraudulent and
how does she know my personal business
is that legal

Asked on September 1, 2017 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Did you miss the work while covering your absence with paid time off (PTO), like sick or vacation days, you'd earned? Or if not, were you able to and did use FMLA leave? (That means does your company have at least 50 employees within a 75-mile radius? Did you work there at least a year, and work at least 1,250 hours in the past 12 months?)
If were punished for using PTO you'd earned, contact an employment law attorney about bringing a legal action: employers may not punish you for using earned benefits, since to do so is to effectively deprive you of some of the compensation (the benefits; i.e. the PTO)  you had worked for. And if punished for using FMLA leave, contact the department of labor: it is illegal to retaliate against employees for using FMLA, and the department of labor can help enforce that.
But other than as the above, if you did not have a written employment contract guarantying your full time status, you were an employee at will and your employer could reduce your hours or change your status (or for that matter, terminate you) for missing work, even due to an illness or with a doctor's note. There is no inherent right to miss work for illness, unless using PTO or FMLA.

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.

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