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I work at a community mental health center as a full-time therapist. I recently learned that I will need to have a hip replacement. My medical provider requested my hours be cut from 40 to 20-25 in order to save wear and tear on my hip and to help ease my pain. My employer has denied the request stating it would cause
Asked on May 7, 2018 under Employment Labor Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, they can do this. A reasonable accommodation is a change in rules or procedure, or provision of some assistive device or technology, which is not too expensive or disruptive to the employer, which allows you to do your job as you had been doing it--including working the hours you had been working. Reducing your hours by 37.5% to 50% is not a reasonable accommodation, since 1) you are not doing the job as you had been doing it (you are going from full- to part-time), and 2) it is disruptive in that will require them to hire someone else to cover 15 - 20 hours/week of work you had been doing and/or force them to load extra work on other employees, impacting those worker's productivity and workflow. The employer is not required to change your full-time position to a part-time one.