i have a documented disability which will be determined by an ame examination that the injury was in fact work related.i have worked in my position for almost 11 years but have not been able to work my minimum 11 days a month to get my senority point for that month due to my disability.ihave lost almost 6 months in senority and this will affect my retirement.my personell says i am s.o.l isn't this a form of discrimination for me being disabled. all i want is to have my senority back that i missed. who can help me in this situation. should i call a.d.a
Employment / Labor Attorney
Unless you have some employer policy that would otherwise allow you to keep the seniority point, it is not unlawful for an employer to do as you have stated. Just the same as an employer is not required to keep you on medical insurance or keep paying you when you are off on a disability, it is not required to continue to have you accruing seniority as well.
Also, there is no such thing as an ADA that you can call. The EEOC administers and enforces the ADA. The Department of Fair Employment and Housing administers the Fair Employment and Housing Act, the CA law that more protectively covers disabled employees.
Good luck to you.
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Employment / Labor Attorney
Mr. Pedersen is correct. No employer has to continue seniority accrual for employees if it is based on hours worked. That said, if you were or are able to work more hours than you have been with a reasonable accommodation (some adjustment to the way in which you perform your job, or some redistribution of certain duties to other employees), you should speak with an attorney who can assist you in determining if your employer should have provided you with reasonable accommodation in the past, or if you are entitled to reasonable accommodation now and into the future.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope you can resolve your situation and wish you the best.
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