Q: I am applying for Paid Family Leave and FMLA. Can my employer ask me to work a minimum number of days on site?
I am currently applying for Paid Family Leave. I have submitted an application to my employer for FMLA requesting that I be able to spend Thursdays with my mother. I work a hybrid schedule. Prior to FMLA, I worked 3 days in the office, which is the requirement for all employees. With my Paid Family Leave and FMLA, I would be working only two days in the office, as my leave falls on one of my "in-office" days. My employer has requested that, because of this, my employer has asked that I change my days in the office to work 3-days on site. Nothing about my job requires that I be in the office at all. Are they able to do that?
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- California
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- Answered
A:
Your employer cannot force you to work a minimum number of on-site days that interferes with your approved FMLA and Paid Family Leave. When you are on FMLA, your leave is protected, and your employer must accommodate your need to take time off to care for your mother. Since your leave replaces one of your regular in-office days, requiring you to maintain three on-site days would undermine your leave rights.
Unless there is a specific, legitimate business necessity that requires your presence on a particular day, your employer should respect your approved leave schedule. If your job does not mandate being in the office on certain days, your employer should not impose additional on-site requirements during your leave period. It’s important to communicate clearly with your employer about your needs and the protections provided by FMLA and California Paid Family Leave.
If your employer continues to insist on changing your schedule in a way that disrupts your leave, you may need to seek assistance. You can reach out to the California Department of Fair Employment and Housing or consult with a legal advisor to understand your rights and explore possible remedies. Ensuring that your leave is honored is essential for both your well-being and compliance with employment laws.
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