Is it legal if I’m on light duty for a non-work related injury and my employer changed my shift

which is resulting in lost hours?

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Is it legal if I’m on light duty for a non-work related injury and my employer changed my shift

which is resulting in lost hours?

Asked on July 25, 2017 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. First, be aware of the fact that there is no legal right to "light duty" as a general matter: if an employee cannot do his or her job, the employer can terminate them, or require them to take FMLA leave (if eligible) or use vacation/sick time (if any) until they can work. So it is voluntary on the part of your employer to allow you to have light duty.
Second, your non-work injury does not override the employer's right to set shifts and schedules. The employer has total and complete control over when employees work (unless there was a written employment contract setting hours; if there was, it is enforceable, including in court if necessary) and the fact that you are injured does not prevent them from changing your shift.
Third, unless you have a written employment contract setting your hours, there is no guaranty of how many hours you will get, so the fact that you are losing hours is legal.


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