Come on, gang! Did you see yesterday’s blog masterpiece? Those .gif’s don’t animate themselves. My little elves — I’m classifying them as FLSA exempt by the way — crank the wheel every time you land on the page. So, cut me some slack; I’m taking it easy today.
But, check this out. We have a part-time employee who claims that her three requests for leave under the Family and Medical Leave Act to care for a sick spouse are denied. Then, less than a month later, her boss gives her full-hours.
In this economy?!? What nerve!
But, possible FMLA retaliation claim?
Yes, according to a Maryland federal court in this opinion. Assigning full-time work to a part-time employee may constitute an adverse employment action, which, along with the protected activity (the FMLA request), and a connection between request and hours, completes the FMLA retaliation trinity.
So, learn from this and be careful about adjusting the terms and conditions of employment — in any way that could arguably be construed as adverse — shortly after an employee requests/takes FMLA leave.