I am late for work because of a disability. Can my employer dock my pay?

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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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.