i was out of work due to illness with doctor’s excuse can my job change my position from ull tome to on call worker
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i was out of work due to illness with doctor’s excuse can my job change my position from ull tome to on call worker
I had miscarriage provided job with
dr’s paperwork that supervisor never
sent to human resourses. I had to fight
for my job and after 30days was told
can go back to work. When i got to work
i was demoted from full time to on call
when neede is this legal in louisiana.
Mind you another employee told me that
my dr’s papeework was fraudulent and
how does she know my personal business
is that legal
Asked on September 1, 2017 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Did you miss the work while covering your absence with paid time off (PTO), like sick or vacation days, you'd earned? Or if not, were you able to and did use FMLA leave? (That means does your company have at least 50 employees within a 75-mile radius? Did you work there at least a year, and work at least 1,250 hours in the past 12 months?)
If were punished for using PTO you'd earned, contact an employment law attorney about bringing a legal action: employers may not punish you for using earned benefits, since to do so is to effectively deprive you of some of the compensation (the benefits; i.e. the PTO) you had worked for. And if punished for using FMLA leave, contact the department of labor: it is illegal to retaliate against employees for using FMLA, and the department of labor can help enforce that.
But other than as the above, if you did not have a written employment contract guarantying your full time status, you were an employee at will and your employer could reduce your hours or change your status (or for that matter, terminate you) for missing work, even due to an illness or with a doctor's note. There is no inherent right to miss work for illness, unless using PTO or FMLA.
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