What does the law say about whether or not an employer can cut a pregnant employee’s hours without the employee bringing a doctor’s note?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What does the law say about whether or not an employer can cut a pregnant employee’s hours without the employee bringing a doctor’s note?

I have been employed with the company for 10 months. I have recently received news that I’m pregnant I am halfway through my first trimester. I told my manager a day after I found out. I have been having morning sickness so I’m not scanning items as fast as usual im the markdown leader. They told me it is affecting my job performance so they are cutting my hours back almost in half without asking me if that’s what I needed/wanted. I need a regular 30 hour job. When 2 of my managers sat down to tell me they are cutting my hours back they considered it a council which negativity remains on the company records for at least a year.

Asked on August 24, 2015 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are operating under a misconception that your employer needs to take into account or even consider what you need or want. Your employer has no duty to consider its employees' needs or wants your job is not there to help you, but to do the work the employer needs.
An employer could not cut a pregnant employee's work solely because she is preganant. But they may cut hours if the employee is being less productive, and the fact that she is pregnant does not prevent them from doing so. That is, while an employer may not discriminate against a pregnant employee, it is not considered discrimination to make decisions or take actions based on job performance. You write that you were not "scanning items as fast a usual" that reduction in performance would most likely justify the reduction in 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 lock Secured with SHA-256 Encryption