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Can my employer penalize me for using FMLA? For instance, they are stating that if I call out on a Saturday with FMLA they have the right to reschedule me the following Saturday as we work every other Saturday also if I call out on a day that I have a closing shift, then the next shift I work I will have to close now because I called out on a close. I thought FMLA protects these such penalties. Please help

Asked on March 5, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

FMLA protects you from losing your job--either entirely or in part (e.g. being given fewer hours, a less desirable or renumerative, etc. position). However, it does not preclude the employer from managing its schedule, its staff, and your time. If employees have to sometimes close the store or business, for example, if you take off using FMLA on days when you would close, they can schedule you to close another time; you using FMLA does not mean they have to put all the burden of closing on other employees. What you describe is legal.

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