I have recovered fairly well from my treatment and am certainly capable of working a five day week. I have worked as a waitress for a small family owned restaurant for 16 years. At the time of my illness, it was implied that I would come back to work, and my employer would find temporary fill-ins. I was out for 7 months, extra time needed due to my fathers terminal illness(which required caregiving)and his subsequent death. I went back to work in September. Not only did I NOT get my hours back, I found out my boss is actively discouraging my co-workers from giving me any of their shifts if they need a day off. I work 2 days a week now. I was working 5-6 pre-diagnosis. I feel as if what my boss is doing is trying to push me out of my job with out actually firing me. Anyone have any thoughts on the legalities of this?

You've probably spoken with your 'boss,' right? Kill'em with kindness if nothing else works... beg and plead for more time. If you've been with the family for 16 years surely there's an established relationship where you can communicate clearly. Legal concerns... I've no idea. Take all the work you can get and prove your mettle. Best of luck. Don't give up.

Family Medical Leave Act

http://www.dol.gov/esa/regs/compliance/posters/pdf/fmlaenbw.pdf

My boss has known since November that I am capable of full time work and in need of more hours. I have worked there longer than anybody, and have great relationship with their customers. It has recently come to light that my boss is actively discouraging the other waitresses to ask me to work their shifts when they need a day off, and telling them if they need a day off they should call "Sue". I also know for a fact that "Sue" does not want these extra hours. I have my health insurance through these people, otherwise I would bite the bullet and move on(I am anticipating another surgery in the next couple months). I feel as though this is a slap in the face, as I have been nothing but a good employee for 15 years--never sick, never taking vacations until this illness. Is she discriminating against me because I had cancer? Because I had HPV? Due to health insurance issues and possible upcoming surgery, it'll be a little hard to get another waitressing gig right now.
Kevin--thanks for the link. Not sure this applies to where I work, as there are less than 15 employees
Thanks for letting me rant.

I think I would talk to some of the customers or even all of them that I knew. Get them to ask why you aren't there as much and they liked the way you waited on them and were always polite. Maybe a little outside input would be a big help for you in this. Maybe some could threaten to take their business else where. just a thought

Girlcat,

That labor law won't apply to a small restaurant so basically he can find any reason to fire you or decrease your shifts until you just quit. The only difference to him is if he fires you, without cause, then you are going to be chargeable against his unemployment account with the state and it MAY affect his future unemployment compensation rates. If you quit then chances are really with him that his account won't be affected ever. May not seem fair under these circumstances but there are no laws to discourage these practices. Trying to retaliate definitely won't improve your chances either. I would encourage a calm, non confrontational discussion.

Girlcat, That is just awful. I am so sorry that's happening to you. You are absolutely right to think that after that many years of being a loyal employee, and going through everything you have gone through in your cancer battle, you deserve much MUCH better treatment. I have no useful suggestions, I am sure David is right about having a calm discussion, but I just want to let you know I can certainly see why you'd be pissed as hell.

Nelie

I really like Jim's and David's suggestions, and as difficult as it is to "bite the bullet" being "sweet" may get you further and even if it doesn't get you extra hours, at least you will have the insurance. If your customers can put in a good word and if Sue were to be "unavailable" to cover your hours, it may help change things in your favor. . . if you were to express to your boss how much you "appreciate his kindness and patience" (even if it seems lacking), it may even make him feel a little guilty and get him to be a little sweeter with you. Girlcat - you certainly don't deserve all the stress of this completely unfair situation. Bottom line, you have to do what's best for You. I hope it works out to your advantage.

Thank you all for your replies. Most of my co-workers and many of my customers are BAFFLED by this, and a few are quite angry, some do not patronize the restaurant anymore, but most are unwilling at this point I think, to say anything. It is a bit embarrassing when the customers ask why I am not working full time again(they are assuming I am not well enough). For now, I guess my only option is to continue on two shifts a week until I know what upcoming health issues I will have this spring. I do need to think about my health insurance, which right now my employer is paying for. When the time comes for me to leave, I will certainly speak up and let them know how I feel, and how their customers felt about it. Very sweetly, of course. I am not known for my 'meanness'.

Sounds like you are on your way to taking are of a very difficult situation. Accepting a situation for what it is, is the first step in taking action. The "in between" stage is the most stressful but if you can accept it and not let it become part of any reflection on your own abilities or qualities, then it will be easier to take whatever action you feel best. It's just like with a diagnosis of cancer - it's horrible when you first hear it - but after the biopsy comes back, then you can take action. You've already come thru the big "C" and you're back "running" again. You will come thru this, too! As Eckhart Tolle mentions in his book "A New Earth" "this too, will pass".