What is the name of your state? Colorado
Back ground information –
I suffer from migraines. I am under a doctor’s care for my migraines and on FMLA (Family and Medical Leave Act - http://www.dol.gov/esa/whd/fmla/). I work on a helpdesk and I am one of the senior team members in my department. We bid for our shifts once every three months. The bidding takes place by seniority on the helpdesk. My boss pulled me into his office yesterday. He told me, that since my migraines have caused a reliability issue, he is modifying my job. I agree that this job modification is legal under the FMLA laws. The job he offered is of equal duties and equal pay. My boss also told me that I will not be allowed to participate in the next shift bid because of this. Because of my seniority, I would have been able to choose a shift with one weekend day off. Now since I am not allowed to bid because of my migraines, I was told I had to work a set schedule. I was told I had to work Friday through Tuesday day shift and my days off would be Wednesdays and Thursdays. The new job responsibilities do not require a set schedule. When I asked my boss why I am given a set schedule, he told me it was because of my reliability from my migraines, not because the new job requires it.
My question is – Is this bidding for shifts by seniority considered a benefit? Because of my migraines, I am no longer allowed to bid like my co-workers. I earned my seniority and would like to have a weekend day off.
Also, is taking a benefit away like this illegal? According to the FMLA laws, my employer is not allowed to take away my benefits.
Thank You for your advice.
Back ground information –
I suffer from migraines. I am under a doctor’s care for my migraines and on FMLA (Family and Medical Leave Act - http://www.dol.gov/esa/whd/fmla/). I work on a helpdesk and I am one of the senior team members in my department. We bid for our shifts once every three months. The bidding takes place by seniority on the helpdesk. My boss pulled me into his office yesterday. He told me, that since my migraines have caused a reliability issue, he is modifying my job. I agree that this job modification is legal under the FMLA laws. The job he offered is of equal duties and equal pay. My boss also told me that I will not be allowed to participate in the next shift bid because of this. Because of my seniority, I would have been able to choose a shift with one weekend day off. Now since I am not allowed to bid because of my migraines, I was told I had to work a set schedule. I was told I had to work Friday through Tuesday day shift and my days off would be Wednesdays and Thursdays. The new job responsibilities do not require a set schedule. When I asked my boss why I am given a set schedule, he told me it was because of my reliability from my migraines, not because the new job requires it.
My question is – Is this bidding for shifts by seniority considered a benefit? Because of my migraines, I am no longer allowed to bid like my co-workers. I earned my seniority and would like to have a weekend day off.
Also, is taking a benefit away like this illegal? According to the FMLA laws, my employer is not allowed to take away my benefits.
Thank You for your advice.