[UPDATE] Son's employer is telling him he'll be on the schedule during FMLA and is required to find subs for his shifts. (California)

original here. thanks for your responses and advice.

https://www.reddit.com/r/legaladvice/comments/469t6d/sons_employer_is_telling_him_hell_be_on_the/

well, it turned out not to be a thing. apparently some sort of communication happened between the supervisor and HR absent any involvement on my son's part, because within a day of me posting this, he told me he was off the schedule.

he WAS scheduled for the two days (22nd, 23rd) before surgery (even though the doctor put him out on the 19th), but he wanted to work them, so it's not really an issue.

and when we found out that his surgery was moved up a day (from wednesday to tuesday), his boss took him off the schedule for tuesday with nary a complaint, or so i understand, anyway.

i do worry that him working a day into a leave could backfire on him later, but he wants the hours and won't hear of not taking them, so he'll have to cross that bridge later, i suppose.

i guess we'll see what they do with him once his leave is up, but at least having his leave honored isn't a battle he ended up having to fight.