Seattle, WA asked in Employment Law for Washington

Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave. However my supervisors only want to adjust my hours by cutting my pay to only be a 71/2 or 7 hour employee instead of 8 hour employee. Is this legal under FMLA? How are my rights protected if I get a cut in pay due to my disability? I have also provided a Dr.’s note stating I cannot drive in the dark. Do I have a right to sue on this issue?

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1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in Washington

A: If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

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