Is it legal for an employer to reduce your hours when you come back from sick leave?
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kitamonster
So I work in a restaurant. I had full time when I left. I had a small stomach surgery but I was only out for 10 days. I kept them informed the whole time. I gave them notes from my doctor and got released from the doctor and gave them the note the day I was released. Well I went to pick up a shift for tonight and they call the guy that I was picking up the shift from and said that he has to come in and I couldnt work for him. Well when I found out, I called my boss and he said the only hours that he can give me now is weekends only. I had full time before and I need full time when I come back. I explained to him that my fiance is in Iraq so i have no income and he went on to say, sorry but we had to hire someone to take your place when you were gone. Is this legal to cut my hours down like this when I had a doctors note? Like I said, i kept them informed as much as I could.
.gif){kind=avatar} lcr000 |
Unless you used FMLA you have absolutely no protection from anything when off sick, a Dr.s note is advice not law the employer can accept or eject what the Dr. says just as you can accept or reject what the Dr, says, your hours can be reduced for any reason at any time unless you have a written employment contract saying otherwise |
.gif){kind=avatar} Ryan |
Yeah its legal. it sounds like their either really petty or they're trying to just get you to quit because of the hours thing. I'd just talk with the manager and say "i know it was an inconvenience for you. what do i have to do to get my old schedule back?" just trying being polite about it at first. the fact that they hired someone new doesn't sound good though. |
 Allie |
They don't care about you. They only care about the business. While you were gone they had no choice but to hire someone else to take your place. It would have been wrong of them to hire the new person for only 10 days and then kick the person out once you came back. They feel they have to keep him now. |
.jpg){kind=avatar} Ryan M |
As long as you do not have a written and signed employment contract....the ONLY thing that is protected is your position, NOT you hours or wages. |
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