What to do if my workplace doesn’t want to accommodate my disability after a leave of absence but instead wants to extend my leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my workplace doesn’t want to accommodate my disability after a leave of absence but instead wants to extend my leave?
My doctor has cleared me to come back to work on a modified schedule after being on leave for a disability, and only issue I’ve had with being back is being late a total of 4 minutes over 3 days. My doctor requested to extend my shorter days for 2 weeks and my employer says that this will cause undue hardship which I don’t believe is true because another employee had this schedule for over a year and that they wanted to put me on an extended unpaid leave of absence I didn’t ask for, and basically wait until they say I can come back. They kept emphasizing this leave has no guarantee to job reinstatement. I feel they are pushing me out and feel the only option I have is to resign on constructive discharge.
Asked on August 23, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Allowing you to work less or have a shorter day is not an accommodation which your employer must make. A "reasonable accommodation" required of an employer is a change in workplace rules or practices, or the provision of some assistive device or furniture or technology, which is not too expensive or too disruptive and which lets the employee do his or her full job. By definition, a short workday is NOT doing your full job, and so the employer does not have to accommodate your inability to work your full schedule (they may, if they choose to, but are not required to). If you can't or don't work your normal full schedule, your employer may take action against you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.