QUESTION

I am potentially returning to work on June14, as I am currentlyon short term disab. I was a full time, now they want to make me part time. Can they?

Asked on May 19th, 2021 on Labor and Employment - New York
More details to this question:
I am out on short term disability for depression & anxiety. I have a potential return date of June 14th. I contacted my employer to verify what hours I will be working when I return. They are changing my work location and changing my hours to part time upon my return. Is this something they are allowed to do?
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Maybe. Are you disabled? If yes, have you requested a reasonable accommodation? Remember that many, many people suffer with depression and anxiety so those conditions, by themselves, might not qualify as disabilities if they can be controlled with medication, therapy, etc... If you do suffer with at least one disability, meaning that even with medical treatment you still need the employer to help you with a reasonable accommodation, would you be able to perform your prior position's essential functions with or without accommodations? If yes, have you and your employer discussed possible accommodations which will not create an undue hardship for your employer? Were your suggestions supported by a medical provider? Your exact job duties are critical. Has your employer been kept in the loop about when you expected to return to work? Do you have some way to prove that you kept them in the loop and discussed returning to work? Your cell phone records showing all the calls you made to your employer might be enough. Who brought up the reduced work hours? What was the reason given for those reduced work hours? Why are you being moved to another location? Have others been moved also? How is the business doing in general? Does the employer have a legitimate, non-discriminatory reason for doing what it intends to do? You have to decide whether you can easily land another job and want to let this one go? Remember that every employee has a duty to mitigate damages. Take that into consideration no matter what you decide. It's always easier to land another job while you are still employed. Best choice might be to return to work, take notes, see how it goes, and decide whether you can still work at this organization? It depends on what you do and what you have tried to keep doing and how you went about it. There is no absolute yes or no answer. It all depends on the facts. Make sure you have documented, with notes taken, your facts. Dates, times, persons spoken to, what was discussed, when, witnesses, what was requested, what was their response, etc.... This is a long, complicated process with or without a lawyer. Not legal advice. No lawyer client relationship. Retain a lawyer if you think you need one. Good luck.
Answered on May 23rd, 2021 at 8:06 AM

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