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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Question Changed Schedule

    My question involves labor and employment law for the state of: WA, however it is in a Tribal Casino

    Is the employer allowed to change an employees schedule, (from a day shift, to a grave shift, giving a weeks notice) if they are on FMLA, and the qualifying condition is that they are seeking treatment for a sleeping disorder which has a history of seizures?
    The employee has been informed since the employers HR department did NOT receive the certification prior to the department changing the employees schedule, even though the employee had already submitted an application for FMLA, as well as a doctors note. (Side note: the employer did in fact receive the certification the very same day that the employees department called and changed their schedule... stating that the reasoning was to accommodate another employee on the grave shift.)

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Changed Schedule

    FMLA does not prohibit your employer from changing your schedule - with or without notice.

    It only protects your job, not your preferred schedule.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Changed Schedule

    I'm not so sure I agree.

    FMLA requires that an employee be returned either to their own job or one that is equivalent in all respects. A change of shift could be considered non-equivalent.

    However, if the change would have happened regardless of whether the employee was on FMLA or not, then FMLA would not protect the employee from it.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Changed Schedule

    Is this intermittent FMLA?

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