FMLA and discrimination

UPDATED: Oct 1, 2022

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FMLA and discrimination

I am currently on FMLA that states I can only work 40 hours per week, however my
employer still has me working more than 30, and has threatened to terminate me
if I can’t complete a certain number of tasks within a week to 2 week period.
the tasks that are currently mandatory I do that cannot be put aside take 35
hours per week minimum. There was also comments made they feel my medications
are no longer working. I addition, I am allowed 2 days a month in which I should
be able to utilize FMLA days, which I have not been able to take.

Asked on March 11, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

FMLA does not limit the number of hours you can work per week. FMLA gives you the right to take a certain amount of leave--up to 12 weeks total of time unpaid (assuming you and your company are both covered by it), either as a solid block or "intermittment," which could be days here and there or even hours here and there (such as for medical appointements). But while giving you a right to take leave, FMLA does NOT othewise limit how much you can work when you are not actually out on leave. Example: say you need 1 day a week for medical care (e.g. physical therapy, chemo, dialsysis--whatever it is). You don't have to do any work on your leave day, but you can be made to work any number of hours on the other 4 says (e.g. you can work 12 hour+ days the other 4 days). You can also be given tasks that require you to work extra time to complete, given that you are spending some time out on leave: e.g. to work weekends or evenings to make up the time you lose on leave. All FMLA does is guaranty your leave, but does not otherwise restrict your hours or work.

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.

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