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FMLA problem

Discussion in 'Medical Leave & Disability' started by trevor21, Apr 6, 2017.

  1. trevor21

    trevor21 Law Topic Starter New Member

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    I have FMLA and work a 40 hour week, Monday through Friday. My employer is requiring us to work a weekend, this would mean working 12 days in a row. My supervisor is asking me to sign a letter stating I will be in to work on this weekend. No one else is being asked to sign anything like this and I feel I am being discriminated against because of my medical condition. Can they require me to sign this? If I sign this and am not able to work all 12 days in a row, what can they do to me?
     
  2. hrforme

    hrforme Active Member

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    They can take the shifts that you miss and apply FMLA protection to them and subtract that time from the total time allowed (480 hours). Does your medical condition preclude you from working more than a 40 hour week? If so, I suggest getting documentation from your medical provider stating that up front. But yes, those hours can count against your total. But they cannot terminate you or retaliate against you for taking protected time.

    I suggest signing it but writing "subject to FMLA usage as documented previously".
     
  3. trevor21

    trevor21 Law Topic Starter New Member

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    They have threatened to change my schedule permanently and have me work every weekend and be off two days during the week. I am the only one who has been threatened with a schedule change. Isn't that retaliation?
     
  4. cbg

    cbg Super Moderator

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    Only if the sole reason they are doing is because you are using FMLA.
     

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