Can your employer reduce your hours and get rid of your health insurance if you are on work restrictions as per a doctor?
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Can your employer reduce your hours and get rid of your health insurance if you are on work restrictions as per a doctor?
I have a workers comp claim for my back. I am on work restrictions. My current employer said they would accommodate the restrictions for 2 weeks at my same salary and hours. Now they want to decrease my hours from 36 to 22 and make me ineligible for health insurance Can they legally do this?
Asked on July 21, 2011 Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In terms of accomodating disabled employees, an employer's only obligation is to provide "reasonable accomodations"--that is, to make changes in duties or job, provide assistance or supportive devices, etc.--to the extent such accomodations do not cost the company too much or are not too disruptive.
So if you cannot work 36 hours at some job you are qualified for, which the company needs, and which is open at the company, then they may cut your hours back; the law does not require employers to pay their employees when the employees can't do the work they are being paid for. If you disagree, and feel that there is a full time job you can do, and therefore it is not reasonable to cut your hours back, you should consult with an employment law attorney.
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