What can I do if my hours at work have been cut due to a medical condition?

I have worked for a company for 5 years. A couple years ago I began to have medical issues and was diagnosed with CVS. This condition causes me to miss work as much as 2-3 days every couple months. At first my employer was OK with it but then she decided to reduce my hours. I agreed to go from 5 days to 4 days per week. But now, without my agreement, she has decided to allow me to only work for 2 days a week. I cannot live on such a low income and my condition is such that I do not qualify for permanent disability.

Asked on September 21, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are being discriminated against. Missed work 2 to 3 days every couple of months is not unreasonable.  You need to go and talk with the Department of Labor, the Equal Credit Opportunity Commission and possibly a private attorney.  You may also try legal aid but start with the labor agencies who see this kind of stuff all the time.  She cannot punish you for this, especially if you do not qualify for disability.  If your employer is qualified under FMLA and you are, then she absolutely has no right.  You are allowed up to 12 weeks of unpaid leave every year.


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