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Reduced work schedule after FMLA - California

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  • Reduced work schedule after FMLA - California

    I have been out on FMLA and will be returning to work next week. My employer will allow me to return to work on a reduced schedule to ease back into work while I fully recuperate. What are the minimum amount of hours I must work a week in order to be considered a full-time employee in California? Before going out on leave, I was a full-time salaried employee.

  • #2
    I believe it depends on the wage order. But possibly someone else will have more information.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Does California even have such a law? vucla, for what purpose are you asking?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        At least a couple of wage orders do. I don't know if there is one that applies for general employment.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Hi, the purpose of my question is that I am concerned about returning to work on a reduced schedule if working less than a certain amount of hours would disqualify me from my full-time salaried status. I am worried about losing the benefits (medical and other) I had as a full-time salaried and therefore wondered if there is a certain amount of hours one must work to hold on to the full-time salaried status. I also wondered how long I'd be able to work on a reduced schedule since I have exhausted all my time (12 weeks) with FMLA. Thank you for any responses!

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          • #6
            If you have exhausted all 12 weeks of FMLA, then what happens from here is entirely up to your employer. (If you had FMLA time left, then you would qualify for reduced schedule FMLA and would still be regarded as a full-time employee.) At this point, you're going to need to talk to your employer about your continuing eligibility for benefits, how long they're willing to let you work a reduced schedule, and so on.

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            • #7
              Question...is the easing back to FT work doctor recommended? Or is the employeer just taking it upon themselves to do this? When you return from FMLA they must treat you as though you were never absent. So if the employer is taking it upon themselves to put you on a PT schedule to ease you back to FT work, then they are not being blind to the leave.

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              • #8
                The reduced work schedule is a dr. recommendation that my employer said they would accomodate. However, the amount of hours has not yet been determined. That is the reason I am posing the question, in order to see if there is any backing with the law that I may have even though FMLA is exhausted. I just wanted to provide some sort of guidance for the dr.

                Also, could I be terminated if the dr. recommends a reduced work schedule for too long since I've exhausted FMLA or would the dr's note cover me for the recommended time?

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                • #9
                  A doctor's note has no weight in this matter. You are given the equivalent of 12 weeks job protection and since that will be completley exhausted your job is no longer protected.

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                  • #10
                    Wouldn't this depend though on why OP was out on FMLA to begin with? A Dr. note may be sufficient if it has anything to do with an ADA claim, or am I wrong? (I am new to HR so forgive me if I am mistaken)

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                    • #11
                      IF there is an ADA claim, possibly. But not everything that qualifies for FMLA qualifies under the ADA (and vice versa). And even if it does, the employer does not have to provide the accomodation that the employer wants, or even the one the doctor recommends.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment

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