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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I work 1/3 of my shifts on weekends. I have legit FMLA for

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I work 1/3 of my shifts on weekends. I have legit FMLA for my own health condition. my boss now states that if my time off falls on a weekend I will have to make up that weekend shift. Is this OK?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


So, your employer is saying that if you miss a weekend due to using FMLA, they will hold that weekend against you and require that you work it at some later date?


That would actually be a violation of the FMLA. You are not legally required to make up legitimate FMLA absences. Certainly, if your employer is willing to allow you to make up missed days so that your FMLA isn't depleted, that is something they can agree to, but it can't be forced.


I would report this to HR and if they do nothing about it, contact the Department of Labor in your state.

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