Can your hours of work be cut while on a workers’ light duty case or is that punishing a person for having a claim?

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Can your hours of work be cut while on a workers’ light duty case or is that punishing a person for having a claim?

I have a skin tear on my left forearm. I was told to see a doctor who put me a light duty but I was able to work. The employer cut my hours of work from over 40 hours to about 30 hours. Is it legal for the employer to do the cut in hours?

Asked on November 8, 2018 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal. You are assuming that there is a right to "light duty," but there is not: if you can't do some or all of your job, your employer can reduce your hours--they don't have to pay you for not working or doing work they don't need. You are also assuming the doctor has some authority over your employer, but he or she does not. These are common misunderstandings, but they are still wrong: your employer does not have to accommodate you with light duty if and when you cannot do all of the job you are supposed to do.


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