Can they cut my hours when I return back to work from temp. disability?? Can they do this in California

Your employer can make changes to your employment so long as you are provided notice and the changes are not made for a discriminatory reason. So, for example, if your hours were reduced because you filed for workers compensation, that could be seen as discriminatory IF your employer has not reduced hours for others who are returning from a medical leave.

It's hard to say whether what your employer has done is legal or not, without additional information.

Let me know if you have additional questions.

Hello,

I'm currently in temporary disability for a fall I suffered at home. I will be returning to work next week. But when I called my boss ( approx. last week of July) she made a comment were my job was at stacke!!! and she would'nt be able to hold my position any longer. So imagine all the stress she put on me when she told me that!!!!!!!!!! Anyways I went back to tell her thet I had one more doctors appt. to go to before I went back to work and hopefully the doctor should release me so I can go back on August 9, 2004. When I let her know this she said that she was going to change my schedule and reduce my hours!!!! That she already had another teacher to cover my morning shift and I would work thye afternoon shift!!!!!!!!!! I don't know if she can do this in California PLEASE HELP ME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

There are statutes in both federal and California law that protects persons on medical leave. The federal law is called the Family Medical Leave Act (FMLA). The California law is called the "California Family Rights Act" (CFRA). Both provide for up to 12 weeks of leave for persons with a serious health condition. To be covered under these laws, the employee must have worked for the employer for at least one year and have worked at least 1250 hours during that year. An employer does not have to offer these leaves if it has less than 50 employees in a 75 mile radius.

If you or your employer don't qualify under these laws, you may still be protected through anti-discrimination laws. For it to be discrimination, your temporary disability must be due to a chronic health condition or related to pregnancy AND others who take similar amounts of time off are not subject to the same types of changes.

Let me know if you have additional questions.