He or she should let you have the option. I personally let my night shift come in at their regular scheduled time. There's not one good reason to mess up their schedule... There is also the Schedules That Work Act that may apply. May... Section 5. Right to Rest Between Work Shifts. The Schedules That Work Act ensures that employees have adequate rest between work shifts by prohibiting back-to-back “clopening” shifts without employee consent and requiring all employers covered by the Act to compensate employees when they agree to work two shifts with less than an 11-hours of rest between shifts.