Human Resource Blog

Ohio FMLA

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I took 8 weeks off under FMLA when I had my daughter, and now that I have two weeks until I go back they are not going to give me the same amount of scheduled days as when I left.  Can they do that?

Not if the change in hours affects only you.

 If a general reduction in hours or a lay-off affects a number of people, then employees returning from FMLA leave are not exempt from that action.

Under FMLA, the federal Family and Medical Leave Act, both men and women are entitled to up to 12 weeks of unpaid leave when they have a new baby. The leave is job-protected, meaning that the employee must be given a job with the same hours, pay, benefits and working conditions upon their return. Often this means they return to the same job.

This is enforced by the U.S. Department of Labor Wage and Hour Division.

It is against the law for an employer to view FMLA leave as a negative factor in any employment actions, such as scheduling, hiring, promotions or disciplinary actions.  The employer cannot take adverse action against you because you were on leave.

However, if an employee’s hours would have been cut if they were not on leave, then their hours may still be cut when the employee returns from leave. 

Let’s take a look at two examples: Mary is a full-time secretary at a large company. Her boss hires someone to replace her while she is on FMLA leave. When Mary returns, her boss tells Mary that he can only give her 20 hours per week because he wants to give the new hire the other 20 hours per week. None of the company’s other 113 secretaries have had their hours reduced. This would be a violation of the FMLA law. 

However, Sue is a hotel front desk clerk working 40 hours per week. While Sue is on leave, the tourist season ends and every front desk clerk’s hours are cut in half. When Sue returns, her boss tells her she will only be given 20 hours per week. This is perfectly legal.