Can I be forced to work evenings if my wife's doctor has filled out an FMLA form stating I must be with her in the evenings?

My wife has multiple autoimmune conditions that debilitate her at times, and cause many sleep issues. She is often incapable of driving or preparing meals for herself. Her doctor filled out an FMLA form stating I must be home in the evenings to help her "wind down" so she can restore regular sleep patterns, and to avoid anxiety-induced flare-ups (which happen primarily in the evenings and have been nearly fatal in the past).
My employer altered my schedule from working 4-10s to working special events, which are at night, and often as late as 11pm.

1 answer  |  asked Jan 16, 2017 9:04 PM [EST]  |  applies to Texas

Answers (1)

Adam Kielich
These situations are difficult because it requires determining whether the employer made the change due to your FMLA request. It isn't clear from the description that your schedule was expanded to include some evenings or if your schedule was reduced to only these special events. That certainly matters to your FMLA situation. Bottom line is that you need to talk to a local FMLA attorney about this situation. See more at http://kielichlawfirm.com/employment-law/fmla-claims/

posted by Adam Kielich  |  Jun 5, 2017 8:10 PM [EST]

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