FMLA concerns

[Dawn1]

What is the name of your state (only U.S. law)? Florida

I would like to know what my rights are about getting my shift back after being on 12 weeks of approved FMLA? I was initially on FMLA for the care of my husband who had terminal cancer. He passed away within a month and I did not realize the FMLA terminated upon that day of his passing and assumed my FMLA was good for the whole 12 weeks. I spoke with my immediate supervisor 3 days after my husband died and talked about returning to work by the end of the next month and he advised I just continue taking as much leave as possible especially since I still had 8 weeks of FMLA. Unfortunately, and I assume he was not aware, the FMLA had ended upon my husband’s passing. The head of department on the other hand was notified within a week of my FMLA change and never advised myself or my immediate supervisor. This I found out from the FMLA coordinator when I wanted to find out why I had not received something by mail. Instead the head of department told me when I went in a month and a half later for my annual review and to take care of any items that needed to be taken care of prior to my return to work. Obviously I was upset about this but I was able to retroactively reinstate the FMLA during the entire time I was out by providing medical evidence that I was going through significant stress that caused chest pains and anxiety attacks. Now that the FMLA has been reinstated and I have provided copies to both my head of department and my immediate supervisor along with copies of my return to work letters from both my cardiologis and grief counselor it appears they may still not return me to my originaly shift and hours. They were giving me only half of my shifts when the FMLA was an issue and I am hoping that since the schedule was made all the way up to this last weekend that I will find they have returned me to all of my weekend shifts on the next schedule but no one has said anything. If they do not return me to my weekend shifts or provide me with comprable hours do I have a claim? I was hired as the per diem weekend ultrasound technologist and worked every weekend no exceptions until I went on FMLA. The tech who is receiving half of my shifts now had quit a year previously and had come back about 3 months prior to my leaving on FMLA. He was only getting sporatic hours until I went on FMLA and then took over my weekend shift when I was gone. I suspect my immediate supervisor is trying to help this other tech out. I also believe that he may not be fully aware of what I am and am not entitled to now that the FMLA covers me the entire time I was out. I want to be able to advise him correctly and not just assume I am entitled to all my shifts. I was given the impression from the Labor department, when I spoke with them prior to getting the FMLA reinstated, that I am entitled to the weekend shifts even if I was per diem especially if I worked every weekend up until going on FMLA since that was proof I was the sole weekend tech. They were even willing to file a claim at that time because of the discussion I had with my immediate supervisor 3 days after the FMLA initially ended (3 days after my husband passing). I can talk with the Labor department again but I don’t want to incite a formal investigation if I can simply advise my supervisor that these are my rights and allow him an opportunity to rectify the situation. Thank you for your time.

[ecmst12]

You are not necessarily entitled to retain the exact same shift/hours as before. They wouldn't be able to change you from day to graveyard shift, but a small change would be acceptable to the DOL.

[pattytx]

Generally agree. Were you out for more than 12 weeks? That huge block o' text is VERY hard to read and I admit I didn't even try.

And I'm sorry for your loss.