Minor change in employees' schedule can add up to FMLA interference claim.
When employees return from FMLA leave, they're entitled to reinstatement to their same job or to "an equivalent position with equivalent benefits, pay and other terms and conditions of employment."
Be aware that even seemingly minor changes to the conditions of employment--such as a small schedule change--could amount to FMLA interference, unless your organization can demonstrate a legitimate business reason for the change that's unrelated to the person's FMLA leave.
Recent case: Michael was a respiratory technician who was typically scheduled to work 40 hours per week. His boss approached him about reducing his hours to 36 per week, but Michael said he preferred to work the full 40. At the time, the supervisor said Michael's preferred schedule could continue for about four years.
Then Michael hurt his knee while moving a patient. He needed surgery and went out on FMLA leave. He also received workers' comp benefits.
When he was ready to return...
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