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  1. #1
    Join Date
    May 2005
    Posts
    4

    Default Light duty assignments, pay and discrimination

    i recenty became pregnant and work in the public service feild for a city.I have a very strenuous and physical job. and there are not very many women here (6 out of 200 or so) I informed my employer as soon as i left me doctor s office. Per doctors orders i am no t to lift more than 25 lbs and shoul be assigned to a light duty position. At first my Supervisor was very weary of this and even asked if i was seeing a "real"doctor.I faxed him the doctors order at my next stop. He informed mr that there may not be a light duty position available . he then called back approx. 15 min later and said i would be assigned to light dty on that following mon may 13 and to report to work. That mon. they sent me home in the middle of the day and charged me sick time and another sick out instance against me. I was told to bring in my doctors note in person and also my family medical leave act forms . Not really undrestaning what one had to do withthe other I attempted to do what they asked . i was told i would be charge sick time until they recieved my fmla forms . those forms had to be signed by my physician, but she was unavailable . through some resaerch of my own i learned that my fmla forms did not have to be turned in untill 30 day prior to using the leave . The Cheif (who is above my supervisor accepted my doctors note w/ out the fmla paper) so that problem was resolved. Now i am assaigne dto a light duty job . And i had to request all me time be credited back to me since they charged me through may 31 all sick hours . Now thw problem is the are taking away 10 percent of my pay now that i am on a days shift. Is this legal?I beleived i would be carried on my same division and same pay rate.also im do not think this is common practice w/ other employees that have been on light duty assaignments. i feel as i im being punished for haveing a baby.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Light Duty Work

    If they can only accommodate your light duty on a day shift, and they pay a premium for night shift work, they are probably within their rights in declining to pay you the night shift premium.

  3. #3
    Join Date
    May 2005
    Posts
    4

    Default

    what if w/ previous employees placed on light duty have not had their pay lessened

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Different Treatment

    If they were already on the day shift, they wouldn't see a pay reduction because they wouldn't have been receiving the night shift premium.

    If you believe you are the subject of unlawful discrimination, consider consulting a plaintiff-side employment lawyer in your state.

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