Returning to work from FMLA?
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Returning to work from FMLA?
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I have been out on FMLA and now ready to return to work. Before going out on leave my work schedule was starting at 9am my supervisor just said my schedule would start at 2am. I was told that if they got rid of my schedule time there is nothing I can do about it, I had to accept the 2am start time. But, what if I can't work that schedule? Would that be me quitting or them firing me? and does that mean I am out of a job and cannot collect unemployment?
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rwa000
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pretty much what you said, as long as the did away with position you have to what you have to do |
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Shane
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Under FMLA you the employer must return you to a same or like position prior to leaving. The change in schedule is extreme and I find it unlikely FMLA that is overseen by the Department of Labor would agree it is the same or like position. Call the Department of Labor at 1-877-889-5627 and speak to an FMLA rep regarding this situation. If in fact they state they are in breach of FMLA regulations I would speak to the employer first. In the event they still do not want return you to your regular work schedule or something more reasonable you will be able to quit and collect unemployment benefits since it would fall under constructive discharge since they forced you to resign from your position. |
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KP7689
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It depends on if your employer drastically switched your shift because you took FMLA.
If you would have been on your same shift had you not taken FMLA, then your employer is in violation by changing your schedule.
However, if while you were on FMLA there was some sort of layoff or reduction in workforce, and others on your shift were forced to switch, your employer is within their right to switch.
You are best off talking to someone in Human Resources about your questions and concerns. I hope it works out for you. Good luck. |
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