Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
If you are requesting the time off related to FMLA, then no they cannot deny you the time off. However, it is not clear from your question how FMLA relates specifically to this day. If you are asking to leave early due to needing to do something related to FMLA, they can't deny it.
If you are not requesting to leave early based on the need to use FMLA, then your FMLA use is really irrelevant to this question. The employer can refuse the time off whether or not they already had it scheduled.
If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.
They can legally deny you time off if they have already schedule you, yes. They can consider it mandatory work time.
Unless you can allege that the only reason they are doing this is in retaliation for your having used FMLA, there isn't anything illegal about their action here.
They can also write you up for missing days in January. The concept of PRN isn't a statutorily created job where you have no set hours by law. It just is a means of having employees whose schedule is flexible. Nothing about being PRN means an employer can't have an issue with you missing times that they want to schedule you.