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.

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 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.

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