Susan Lessack

Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806

Susan K. Lessack defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

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Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours? — N.V., Ohio

A. It depends. Is overtime truly an essential function of the job? If it is and if the employee has a disability as defined under the Americans with Disabilities Act (ADA) or state law, then you must consider a reduced schedule as a possible reasonable accommodation for her. Alternatively, you should consider whether she is qualified for a position that doesn’t require overtime.