How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I work 1/3 of my shifts on weekends. I have legit FMLA for

This answer was rated:

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.

Allen M., Esq. and 5 other Employment Law Specialists are ready to help you