Is it legal for my employer to dock my pay for an extra 20 minutes per 8 hour shift for a urinary disability that my doctor has written me a note for?

Posted  04-06-2011

Ann Kiernan replies:

Assuming that you are a non-exempt, hourly worker, yes, it is perfectly legal for your employer to dock your pay for time you are not working, even if you have a doctor’s note. An adjustment in schedule, which I assume your doctor was requesting on your behalf, is a reasonable accommodation under the Americans with Disabilities Act. While you cannot be disciplined or discriminated against because you are receiving a reasonable accommodation, you do not have the right to be paid for time you are not working.

Good luck.


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