This leave has and is currently in effect. A flat-out refusal to work the night shift probably will not work and may result in termination. If an employee thinks that the change to their hours is disadvantaging them and that the process the employer followed was unfair or there were no genuine reasons for changing the hours of work, an employee should first try to resolve the issue with their … Where the employees are not subject to a collective agreement, the work schedule or its modification or cancellation must be approved by at least 70 per cent of the affected employees. If your availability has changed, you need to discuss this with your employer, and a new contract may need to be signed with this change … And there is no rule that says they have to give you a minimum number of hours of work. Ph: (416) 640-2667 If you can't show for work for any reason, he can fire you, even if you are sick. I have had an approved FMLA leave since 2013 due to a critical illness. Although a short notice change in schedule can be tough on employees, employers have no legal obligation to provide prior notice or obtain consent before changing a work schedule. I have worked for my company for almost a year. It can be stated in a number of ways including: An employer may change the terms and conditions of employment at any time for any reason, or no reason at all. Flexible schedules allow employees to … Is an employer legally allowed to change the work schedule and what are the implications? An employer can’t disadvantage an employee if they turn down the work. Employers change their employees' working hours to accommodate their customers. "The Complainants could not have a serious expectation of privacy when publishing comments on their…, Employees often get what they deserve. © 2000-2020 Neil Klingshirn. The federal Fair Labor Standards Act (FLSA) says that in most cases, an employer can change the work schedule of anyone over 16 years of age without prior notice or consent. Generally, the employer has the right to set and change your schedule, whether you like it or not. Each case is decided on its own facts and in particular, decisions are based on whether the employee has other obligations or circumstances that may make the change in work hours particularly onerous. If you refuse to accept the changes, the employer must then either agree to keep you on the same shift pattern or can seek to enforce the changes. What to do if you are not getting adequate notice of your work schedule Unfortunately, there are no federal or state laws that regulate how far in advance your employer has to give you your schedule, so there’s little a government agency or lawyer will be able to do for you in this situation. Work environments are not static and employers can require employees to work outside of their regular working hours. During troubled times like the COVID-19 coronavirus pandemic, if your employees can accomplish the work from their home offices, please let your employees work from home. Question: May an employer increase or decrease agreed working hours of its employees? You need to be very careful about how you approach your employer, or you can send the wrong message about your commitment to the job. If employers were not allowed to set or change schedules, employees could start and stop work as they pleased, potentially to the detriment of the business needs of the employer. Employer Resources; Work-Life Balance 5 Steps to Asking for the Perfect Flexible Schedule ... you may have pushed them aside, thinking that a flexible work schedule “just wouldn’t work” for your job or company. Question Details: If a person is hired as an hourly supervisor (Monday through Friday 7 a. m. to 4 p.m.) can the company suddenly change your hours to whenever they want you there (employed for 16 years)? If the company maintains the ability to change your schedule, then your availability is a secondary concern to them. This rule applies only if you have regular work hours that are longer than 3 hours a day. Toronto, Ontario The information that you provide is subject to MEL's Privacy Policy. How to Notify an Employer of a Change in Availabilty. Truly valued, working from home is a schedule option that many employees sincerely value. Is permitted can an employer just change your work schedule? set hours of work if you are not static and employers can require employees work... Ask to change the work an employer, there are specific good faith requirements that must be overtime question! For reducing your work hours that are longer than 3 hours a day nless you have employment. 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