Legal Question in Employment Law in Ohio
Denied part time/ while other works part time
Is there anything protecting a parent from being fired for taking care of a disabled child? I was on a part-time FMLA (I still worked part-time) but then it was taken away. I started work as a part time employee, then after a year or so went to full-time. I can no longer work full-time, but am told I can not work part-time, even though we have another part time employee at the shop. All my supervisors want me part time rather than NO TIME, but the HR person in charge won't hear of it.
2 Answers from Attorneys
Re: Denied part time/ while other works part time
You should consider reminding the HR Dept. that the FMLA provides for �reduced schedule� leave to the same extent it provides job protection to employees taking full-time leave. For the purposes of the FMLA, there is no difference between the two except that the employer may temporarily transfer you to an alternative job (with equal pay and benefits) during the period of the reduced-schedule leave. However, if you are looking to be reclassified as part-time permanently or are requesting to continue to work part-time for an indefinite period of time after you have used all 12 weeks of FMLA leave, the employer is under no obligation to reclassify you as part-time. Rather, it is only required to provide 12 weeks of leave and once you have exhausted the 12 weeks, the employer can require you to resume your full-time schedule.
Re: Denied part time/ while other works part time
The relationship to a disabled child is protected. Pursue with eeoc or ocr.
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