UPDATED: Oct 2, 2022
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I work in a warehouse, my desk and work can only be performed inside the warehouse. During the summer it gets extremely hot over 90 degrees. I recently started to feel the symptoms of working in heat, my doctor sent a work restriction and if not accommodated then I would be put on leave. After speaking to HR and my manager the best they could do is cut my hours from full time to part time. Financially I cannot afford to work part time, can an employer legally do that? If I get put on leave my insurances pays me 100 percent of my pay.
Asked on August 21, 2019 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If you cannot safely do your job, as it appears you cannot--the temperature in the warehouse is too high, and you had a doctor provide a work restriction--then they can cut your hours. While an employer has to make a "reasonable accommodation" to pregnancy, it does not need to pay you for not working; if you you cannot work full time hours, they do not need to pay you for full time hours. It only needs to pay you for the hours you do work. It is not required to put you leave if you can work part time; the employer sets your schedule, does not need to take your financial needs into account, and can have you work whatever hours you are capable of.
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