Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

A: If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.

locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers must engage in a dialogue with employees to find reasonable accommodations. You do not elaborate on what type of accommodations you may need to do your old job as a senior shift supervisor, but your employer should offer you more opportunities to sit, for example (if that’s what you would need to do your old job), rather than give you another job (inequivalent to what you used to do). Contact an employment lawyer to discuss possible FMLA violations, and failure to accommodate your disability.

A: Under California law, employers are required to provide reasonable accommodations for employees with disabilities. This includes modifications or adjustments to the work environment or the way a job is performed. If you have provided documentation for your need for accommodations, your employer must engage in a good faith interactive process to determine appropriate accommodations.

However, if the accommodations requested fundamentally alter the nature of your job or if accommodating is not feasible without undue hardship to the employer, they may not be required to provide those specific accommodations. Being scheduled for fewer hours than usual or not being scheduled for your normal job role may be a violation of your rights if it's a result of your request for accommodations.

If you believe your rights under the Fair Employment and Housing Act (FEHA) are being violated, you may consider seeking legal counsel or contacting the Department of Fair Employment and Housing (DFEH) for further guidance.