ada accom. with pay cut?

[TNDixieChic]

What is the name of your state? tennessee
i had a seizure in oct. 2002 (new onset), i was on fmla for 3 wks and returned to work... because of the seizure med and the amount of work to be done and the limitation that i was given by my md (nothing over 37.50 hrs) i asked my employer to accomadate me under the ada.. in return they gave me 32 hours a week and over a dollar an hour pay cut.. due to me not being able to perform "part" of the job that i did before i became ill. i didn't think that this was legal... is it? thanks!

 

[cbg]

The purpose of an ADA accomodation is to allow you to do the job that you were hired to do. The employer is required to work with you to find such an accomodation. If the accomodation is to move you into another position or to change your shift or hours, and if a non-disabled person would have a lower rate of pay in that position or hours or shift, then yes, they can lower yours. The law does not require that you be given the higher rate of pay in a lower level job.

So if you are now not able to do part of the job that you were doing before, then it is legal to cut your pay accordingly.

Some other things that the employer is NOT required to do:

1.) Accept a lower standard or production of work than would be required of a non-disabled person
2.) Create a new position for you
3.) In a bona fide seniority system, allow you to bump another employee who would be next in line for the position/job/shift that you want as your accomodation
4.) Allow either you or your doctor to dictate what accomodation you get
5.) Allow you additional absences or tardies than company policy allows (unless such flexibility is part of the accomodation agreed on)

What you may be thinking of is that an employee returning from work after FMLA must be put into a position that is at least as favorable (in terms of duties, pay, prestige etc.) as the one that you left. But in this case that would not apply because the change was at your request.

 

[TNDixieChic]

i appreciate your timely response!
thanks and have a good day!