Germantown, MD asked in Employment Law and Family Law for Maryland

Q: My job is changing me from full time to part time 3 weeks before my short term disability leave. Can they do this?

Small company less than 50

Haven’t completed a year yet

Have worked full time my whole pregnancy

Others were let go, I was given part time due to COVID-19

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1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs of other employees might give the employer a ready-made excuse for why the part-time move was not retaliatory.

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