Can a job drop me to part time and lower my pay if I have a note from dr. To do different job for last 2 months of pregnancy?

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Can a job drop me to part time and lower my pay if I have a note from dr. To do different job for last 2 months of pregnancy?

Come Feb 1st I’ll have 2 months before
baby is due. And I’m gonna need to get a
dr. Not to change my position the job I
do now is alot of bending and lifting
and walking around. I told them it’s
getting to much and they wont listen to
me. I’ve been told I would lose my pay
if had to switch departments due to
being to much on me at the end.

Asked on January 4, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can do this. While an employer must give an employee a "reasonable accommodation" to a proven employee disability, a "reasonable accommodation" is some change that allows the employee to do the core or important parts of his or her job. If the employee can't do the important parts of his or her job, than the requested accommodation is not reasonable--you must still be able to fundamentally do the job. There is no right to be given a different job or duties at the same pay/hours. So if you can't bend, lift, walk around, etc., but your job requires these things, they don't need to pay you to not do the job they hired you to do. They can instead reduce your hours and/or change your position; could require you to go out on FMLA leave (assuming you are eligible for it); or could even terminate you. Remember: you are paid to do a specific job: if you can't do that job, the employer doesn't need to pay you.


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