Career Questions and Answers
Can my supervisor require me to work extra on-call hours after returning from an FMLA?
Asked by lisathern
I had a previous FMLA this year (injury) and a new FMLA (unrelated) this is now a noncontinuous FMLA. My supervisor is requiring me to work extra on-call hours when I return because he states my coworkers have had to cover for me too much in my absence. No other employee who has been on sick leave or FMLA is asked to do the same. Just me. Is this legal?
A:
Best Answer:
Yes, it is legal. FMLA only covers 12 weeks of unpaid leave so the fact that you have returned to work after FMLA has nothing to do with being assigned extra hours to work. Because you've been release to come back to work, you are deemed able to do the job you were hired for by your Dr. Your employer can ask you to do overtime anytime so long as you are compensated for those hours.
Best of luck to you!
A:
How long have you taken FMLA? There are statutory limits on the amount of time you can take, and if you exceed them, you could be out entirely. Fortunately, even if you are exceeding them, it appears that your employer is being generous and keeping you.
However, your coworkers have been pulling double-duty at no extra pay to do your job for you for an inordinate amount of time. How many other people have taken FMLA twice in the same year? Either pitch in willingly when you get back or earn your coworkers' ire for dumping on them rather too often. Be grateful that they have helped cover for you in your absence.
Answered by ibu guru
A:
once you are back to work, the FMLA is irrelevant - you have to do whatever is asked of you if you want to keep your job - you should get paid for those on-call hours - if they refuse, then the company will be in big trouble
Answered by Doctor Deth
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