Legal Question in Employment Law in Florida
Employer cut my hours
Recently my one year old son was hospitilized. I missed work because I had to be at the hospital with him. I let my employer know I was going to be missing work with plenty of notice. Also, upon returning to work I gave her the appropriate documentation. My manager cut my hours (from 32 to 24). Everyone else has more hours than me including people who have worked there for less time. Do I have rights to retain my hours previous to my family medical emergency?
1 Answer from Attorneys
Re: Employer cut my hours
This could be viewed as a violation of the Family and Medical Leave Act (FMLA).
In order to state a claim for such a violation, you have to demonstrate your son had a "serious health condition" as defined in the FMLA. An overnight stay in a hospital would satisfy this requirement. There are also other ways to demonstrate he had a "serious health condition" if the hospital visit did not include an overnight stay.
Additionally, you must be an "eligible employee" meaning that you have been there more than one year and worked more than 1250 hours. If you are not an "eligible employee" you have no FMLA rights.
Finally, the employer must have 50 or more employees in a 75 mile radius. So, even if they have more than one facility in that area, you would count all employees to determine whether the minimum of 50 is met.
If all three of these requirements are met, you may want to consider contacting an attorney.
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