Is it ok for my employer to cut or deny me hours due to pregnancy issues?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it ok for my employer to cut or deny me hours due to pregnancy issues?

I’ve been working at a smaller business
for about 20 months..I usually work
anywhere from 25 to 30 hrs..lately been
lowered to 20..recently was put on
doctor ordered rest for 3days over a
weekend..now my boss claims she can’t
give me any hours for the following
week and not sure what hours she give
in the future.Can she legally cut me out
?

Asked on July 24, 2017 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is whether, in addition to a doctor's note, you had used paid time off (e.g. sick days) you had earned for the 3-day absence, or at least used some employer provided and approved "call out" process for being out for medical reasons (and fully complied with the policy).
If you did--if you used sick days you earned or complied with a call out policy IF your employer has one--then your absences were authorized. If authorized, the employer may not cut your hours or take other action(s) against you because you are pregnant. Discriminating against  a woman due to her pregnancy is seen as sex-based discrimination (since only women get pregnant, to discriminate against someone due to her pregnancy is to discriminate against her because she is female). In this case, you may have a viable employment discrimination claim and should contact the federal EEOC to discuss fiilng a complaint.
But if you did not have and use sick days (or other paid time off, like vacation days) you had earned, and your employer either does not otherwise have a call out procedure or it does but you did not comply, then your absence was unauthorized: a doctor's note does NOT give you the right to miss work unless you use PTO or call out properly when there is a call out process. The doctor has no authority over your employer. If your absence was unauthorized, you could be terminated for it and therefore your employer could legally cut or reduce or deny your hours.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption