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FMLA question

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spudtwin

Junior Member
What is the name of your state (only U.S. law)? Michigan

I am currently on leave after having a baby. I believe under FMLA I can take up to 12 weeks of leave. I would like to go back to work at 6 weeks, but I don't work a normal schedule. I work 16 hour shifts and it will be tough to do. Currently all positions are filled, so there is no way for me to change my schedule to not work these 16 hours and still work full time. So I would like to go back part time.

I found the following http://www.dol.gov/whd/fmla/fmlaAmended.htm

(b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE.
(1) IN GENERAL.--Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise.
My employer agreed for me to come back part time, but the HR woman said I can't as I would no longer be under the FMLA. That would mean they don't have to hold my position and I would lose my full time benefits.

Does anyone know what "reduced leave schedule" means? Is it possible to return part time and still be under FMLA?
 



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