Hi,

I've been out on TDI after foot surgery for 2 weeks. I am scheduled to return on Friday to my full-time retail job I have held for the past 11 years. I just received a call that they are cutting my hours to part-time. I told them that I need my full-time hours and they said that they can't accommodate me and that if I can't take the part-time hours then they will lay me off!

Is this LEGAL?

Also...I am the only full-time employee. There are many part-time employees there. Shouldn't it be that they cut the part-timers first?

There is not a law requiring them to fire a part timer rather than cut a full timer's hours; nor does the law require them to cut the hours of a part timer first. As a matter of fact, the law does not address who has to be cut in what order, at all.

How many employees, total, does this employer have?

There are less than 50 employees. There are about 15 total. I don't see how they can just eliminate my hours while I am out on TDI. I meant to say I've been out for 2 months...I accidentally put 2 weeks.

They can change your hrs. while you are out on disability - it's legal.

Since FMLA does not apply, and since RI's version of FMLA only applies to employers of 50 or more employees, your time off was not protected under the law and it was legal to change your hours.

Note that even if FMLA or the state version applied, neither protects you from changes that would have happened regardless of whether you took leave or not.