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I am a PRN employee I usually work 30 hrs a week, usually on

a set schedule. Lately I...
I am a PRN employee I usually work 30 hrs a week, usually on a set schedule. Lately I have had personal issues with my elderly mom and they made me get FMLA after threatening to write me up cause I missed 6 days since January due to my mom. Now they are denying me to leave early on a certain day. Their claim is because they already have me ," scheduled to work" they can deny that and deny me taking day off??? I have not signed anything stating that I would work certain hours.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will I guess, all I know I am PRN
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just what my rights are as A PRN employee and if this is legal.
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Answered in 7 minutes by:
4/19/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified

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.

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Customer reply replied 7 months ago
I just wanted to know if it right for them to legally deny me time off ( not related to FMLA) because they already had me scheduled to work. I am PRN not full or part time and have never signed or stated I would work certain hours each week. Is it legal for them to write me up for missing 6 days from January to now even though I am PRN.

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.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks, ***** ***** it
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
19,344 Satisfied Customers
Experience: Employment/Labor Law Litigation

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