FACT OR FICTION: Giving a part-time employee full-time hours may be FMLA retaliation?

Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

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.

“Doing What’s Right – Not Just What’s Legal”
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