Is it legal for a store manager to cut hours after returning to work from a medical leave?

Before going on medical leave I was getting 35 hours.  I was off on medical leave for 3 weeks and went back to work and found my hours cut to 30 hours a week.

Posted  11-06-2013

Ann Kiernan replies:

If you were taking leave under the federal Family and Medical Leave Act, then you are “entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.”  29 C.F.R. §825.214.  However, if hours were generally cut from 35 to 30 while you were away, then you are not entitled to your original schedule.  29 C.F.R. §825.216(a)(2).

You may want to consult a local employment attorney about your rights.  Good luck.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.