Employment Law Questions? Ask an Employment Lawyer.
I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Assuming she is an exempt employee under FLSA, there is no limitation on her schedule and the employer can demand as much time from her as they want. If she has a written employment agreement specifying hours then that is enforceable. Otherwise, she may, if there are more than 15 employees, be able to ask for a reasonable accommodation under ADA due to her MS. She would want to ask for the scheduling accommodation in writing and include a note from her doctor.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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