Doctor recommended change in hours. Can I be terminated?

[e510alvarez]

What is the name of your state (only U.S. law)? California

I had been on disability from 8/12 for PTSD, stress, and major depression. I just returned back to work last Thursday the 14th. Upon my return I met with my manager and she informed me that my work schedule effective immediately would change from 8:30am - 5:30pm to 10:00am - 7:00pm. I am now pregnant and in my first trimester. I am at my most ill later in the evening so my midwife wrote a letter for me today to request that my hours be adjusted to accomodate me with my original schedule. I tried to speak with my manager about the hardship the new schedule would be for me, but she would not allow me to change my hours. I have not yet given her the not from my midwife. But if I do, is my employer at all obligated to accomodate the request? And if they are not, can they use this as grounds for termination?

 

[cbg]

That depends.

What reason was given you for the change in hours?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I had been on disability from 8/12 for PTSD, stress, and major depression. I just returned back to work last Thursday the 14th. Upon my return I met with my manager and she informed me that my work schedule effective immediately would change from 8:30am - 5:30pm to 10:00am - 7:00pm. I am now pregnant and in my first trimester. I am at my most ill later in the evening so my midwife wrote a letter for me today to request that my hours be adjusted to accomodate me with my original schedule. I tried to speak with my manager about the hardship the new schedule would be for me, but she would not allow me to change my hours. I have not yet given her the not from my midwife. But if I do, is my employer at all obligated to accomodate the request? And if they are not, can they use this as grounds for termination?

How exactly does a 90-minute shift of your scheduled hours affect your PTSD, stress, and major depression?

Accommodation is one thing, but there are certain adjustments one must expect as part of their jobs. Are you sure that this change back to the original schedule isn't just a personal preference for you? If you weren't suffering the PTSD, stress, and depression issues, would there be any other reasons why the later schedule wouldn't work for you?

 

[sandyclaus]

That depends.

What reason was given you for the change in hours?

It's possible that the person they had used to cover her hours during her absence changed THEIR schedule to accommodate the business needs. Now that the disabled employee has returned, they may be required to take the OTHER person's shift.

 

[e510alvarez]

That depends.

What reason was given you for the change in hours?

Its hyper gravidarum in the evening from what the midwife says are spikes of estrogen at that time of day. I haven't picked up the note yet, but I'm almost positive that for privacy reasons the specific diagnosis will not be on the it.

 

[ecmst12]

No, the question is why did your EMPLOYER change your hours when you returned to work?

 

[Zigner]

Its hyper gravidarum in the evening from what the midwife says are spikes of estrogen at that time of day. I haven't picked up the note yet, but I'm almost positive that for privacy reasons the specific diagnosis will not be on the it.

Does your midwife have an MD behind her name?

 

[ecmst12]

That doesn't matter Zig, a midwife is a legitimate healthcare provider (at least if she's licensed and certified).

 

[e510alvarez]

How exactly does a 90-minute shift of your scheduled hours affect your PTSD, stress, and major depression?

Accommodation is one thing, but there are certain adjustments one must expect as part of their jobs. Are you sure that this change back to the original schedule isn't just a personal preference for you? If you weren't suffering the PTSD, stress, and depression issues, would there be any other reasons why the later schedule wouldn't work for you?

This recommendation from my midwife is not in regards to the PTSD, stress, or depression. Those 3 things were the reasoning for my 7 month leave on disability from work. This is all pertaining to the pregnancy. I suppose you may be able to say that I would prefer not to be suffering from excessive vomitting while I am at work, but I have no control of what part of the day my hyper gravidarum effects me. My midwife explained it to me as that being the time my estrogen levels spike.

 

[Zigner]

That doesn't matter Zig, a midwife is a legitimate healthcare provider (at least if she's licensed and certified).

Fair enough - but the OP did say that her doctor made the recommendation.

 

[e510alvarez]

That depends.

What reason was given you for the change in hours?

My manager said she has a need for 2 people to cover the late shift.

 

[ecmst12]

In most states, midwives are required to be in practice with a doctor as well. But that doesn't mean that they can't make their own recommendations.

OP - what is the reason that your employer changed your hours in the first place?

If you were out for 7 months, your employer wasn't even required to let you come back to work at all - FMLA is only 12 weeks.

 

[e510alvarez]

Fair enough - but the OP did say that her doctor made the recommendation.

My mistake. It is meant to be midwife.

 

[e510alvarez]

In most states, midwives are required to be in practice with a doctor as well. But that doesn't mean that they can't make their own recommendations.

OP - what is the reason that your employer changed your hours in the first place?

If you were out for 7 months, your employer wasn't even required to let you come back to work at all - FMLA is only 12 weeks.

My manager just said she needed 2 people covering our department for the late shift.

 

[OHRoadwarrior]

So she decided to let you come back to work, in a new position. You cannot fulfill the time of the new position. I would say you are not getting the job back. Employer is only required to make a reasonable accommodation.