Can the employer change my normal work schedule

I am currently on FMLA intermittent leave,with only being able to work 40hrs a week, my normal work schedule is from 8am to 4pm. On a Thursday I took 1.5 hrs off for a doctor's appointment. The company scheduled us to work Saturday. They told me to come in from 10:30 am to 12:00 pm while having another employee doing my job from 8am to 10:30am. I had 1.5 hrs left on my available work hours out of the 40 I'm allowed to work. Is the employee allowed to make me come in at 10:30 am instead of 8am which is my normal scheduled shift. I should have started at 8:00 am and got done at 9:30 am. Thanks

1 answer  |  asked Aug 5, 2016 10:16 PM [EST]  |  applies to Pennsylvania

Answers (1)

Scott Leah
If I understand your question correctly, your employer had you work on a Saturday starting at 10:30 a.m. and work until noon, instead of starting at 8:00 a.m. and being done at 9:30.

Generally, your employer can set your work schedule and has discretion on doing so. If the needs of the employer were better met by you working 10:30-12:00 instead of 8:00-9:30, your employer can have you work that time shift.

There would be an exception if the hours the employer had you work in some way violated any medical restrictions you have on your time worked as part of your intermittent FMLA. But it does not sound from your question like this is the case.

There would also be an exception if your employer had you work that shift in retaliation for your having taken FMLA leave during the week. In other words, if the 8:00 shift was the better shift as you would get done work earlier, and the employer had no business reason to have you work at 10:30 instead of 8:00, and could have just as easily had you work at 8:00, but instead made you work at 10:30 as a sort of punishment for your having taken FMLA during the week, then the employer would be guilty of FMLA retaliation, which is illegal. In that situation, if you can prove it, you would have a potential legal action against your employer if you wanted to take a legal action over this 2.5 hour difference in starting times.

posted by Scott Leah  |  Aug 8, 2016 05:58 AM [EST]

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