Can an employer legally leave you off the work schedule?

UPDATED: Sep 30, 2022

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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer legally leave you off the work schedule?

I was recently hit by a car on the way to work and suffered injuries that prompted my temporary leave. I now have my release form stating I’m able to work. My employer is telling me they can’t fit me into the schedule because they have too many people, so basically I’ve been replaced even though they told me my job would be here for me. I still work there but they are telling me it could be weeks, even months, before I get any hours. This seems very unlawful to me. Is this legal?

Asked on January 27, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They only have to hold your job for you if you used Family and Medical Leave Act (FMLA) leave--which, of course, means that your company would have to have been covered under the Act (has 50 employees within a 75-mile radius) and you would have to have been eligible for it (worked there at least a year; worked 1,250 or more hours in the last 12 months), and also that you requested to take FMLA leave. If you used FMLA leave, the law requires them to give you your job or a comparable one (similar pay, benefits, level) on your return. But if you did not use FMLA leave, then they did not have to have a job for you, and could legally leave you off the work schedule.

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