My wife, B, (not real name, to protect privacy) works for the local USPS plant, large city main processing center. Currently in the magazine sorting machine. She's been there for 11 months, not counting the four months she was laid off in the summer (slow season). She was hired December 3 last year, so we know how bad December is for the holiday season. We just didn't expect it to start November 1st.
B has PTSD from last December's hell. It was work 7 12-hour days, have a day off, rinse & repeat. Currently the plan is “just” 6 12s, off on Mondays, until further notice. But the first day she had to stay late, last Tuesday, started her on a spiral that landed her in the hospital this past weekend. She doesn't think she can make it through this one, but she's currently our only income as I'm in school full time until I graduate in a few weeks.
My inlaws recommended she go to the union rep (lol) and see if they can help her figure out a plan so she can just work the usual 48 hours she's been doing (6 8s), because it's like illegal to force someone to work 72 hours in a week, right? But the rep said nope, if the boss says 12 hours, “you are obligated to stay 12 hours.”
Apparently, FMLA doesn't apply until she's been there for a year? My psychologist suggested she use FMLA because she was in the hospital because of the work conditions, to try to get some leeway if she needs a mental health break. But I guess not??
Last Friday, boss informed B that she needed to work 12 hours FORTY MINUTES before her usual clock out time. That was the breaking point, she's got undiagnosed neurodivergencies and is not great with short notice changes.
I'm scared for B, but how much of this is actually legal? Would it be worth it to try to sue if they fire her for leaving after 8 or even 10 hours a day?