QUESTION
Can my employer change my full time status to part time when I return from medical leave.
Asked on Sep 27th, 2014 on Labor and Employment - North Carolina
More details to this question:
My best friend had breast cancer and a double mastectomy. When she came back to work, they had her working part time at first. Now, they have put her on permanent part time. The company is going through a merger and may eliminate some jobs all together. I believe they want her to quit, to keep from paying her a severance package. she still has doctor visits every week as well. Part time pay doesn't seem to be enough for her because it didn't reduce the amount of insurance she has to pay, obviously. I know the company is probably obligated to give her a job when she returned to work, but is there any law that prevents them from cutting back her hours?
1 ANSWER
4 Awards
The company was not obligated to give her a job unless her medical leave was covered by FMLA and her leave was 12 weeks or less. There are several requirements that must be met for an employee to be eligible for FMLA. No law prevents the employer from cutting her hours. However, if the reduction is due to her use of FMLA, then there might be a legal claim.
Answered on Sep 30th, 2014 at 1:28 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.