Can my hours be cut as punishment for being out on FMLA?

UPDATED: Oct 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my hours be cut as punishment for being out on FMLA?

I have celiac disease and filed for FMLA 3 months ago. My employer cut my hours because of my FMLA and said I can get them back if I start coming in. Is this legal?

Asked on October 13, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The key question is *why* are your hours being cut? If it is punishment or retaliation for you using Family and Medical Leave Act leave, that is illegal--the law specifically bars such retailation. On the other hand, if due to your absences from work, the company needs to reduce your hours and assign more hours to some other person or  persons, in order to be able to manage their workflow, predictably plan coverage, or otherwise deal with actual business necessities, that may be allowable--while companies can't retailiate for Family and Medical Leave Act use, they are allowed to run and mange their businesses, and don't have to put themselves in place where the work can't get done. So the exact reason why your hours are being cut, and whether there is some legitimate business need to do so, is critical.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption