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FMLA violation? Nevada

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  • FMLA violation? Nevada

    Hi all, I'm covered under intermittent FMLA leave at my job. I have been with the company for several years, and worked as a team leader for the past 2 years, so, I have a bit of seniority. We recently did a team leader shift bid, which we do bi-yearly. Over the last couple of months, I've missed, on average, 1 day a week due to my illness. Due to my seniority, the shift I bid for was a lock. Also, I'm pretty sure no one else wants the shift.

    Today, my manager informed me that due to my intermittent FMLA absences, I would not be allowed to have this shift because it would be too difficult to cover should I have to miss a day or two. Mind you, I worked this very same shift last year while I was covered under FMLA. She told me, in no uncertain terms, that I absolutely could not have the shift that I wanted (Graveyard), and would need to make another choice within 24 hours.

    All of the other Team Leaders get to bid on all of the shifts, but I cannot due to my FMLA status.

    My question is.. is this legal?
    Last edited by Damous; 07-29-2008, 06:34 PM.