Remote Work, Medical Leave, and Modified Schedules as ADA Accomodations
Introduction
As workplaces continue to change, many employees are being told to return to the office, work rigid schedules, or meet attendance expectations that may conflict with serious medical needs. For employees with disabilities, those policies can create difficult choices: risk their health, miss work, or request an accommodation.
The Americans with Disabilities Act, Generally
The ADA requires covered employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause an undue hardship. Depending on the job and the medical limitation, reasonable accommodations may include remote work, a hybrid schedule, modified hours, additional breaks, temporary leave, assistive technology, changes to certain job duties, or reassignment to a vacant position.
What is a Reasonable Accommodation?
A company-wide policy does not automatically end the analysis. An employer may have a return-to-office rule, an attendance policy, or a leave policy, but it still may need to evaluate an employee’s disability-related request individually. The question is not simply whether the employer prefers everyone in the office. The question is whether the requested accommodation would allow the employee to perform the essential functions of the job without causing undue hardship.
Employees should be clear about what they need and why. A helpful request may explain the medical limitation, the workplace barrier, and the accommodation requested. For example, an employee may need remote work because commuting worsens symptoms, a modified schedule because of treatment appointments, or leave because of a temporary flare-up. The employee does not need to disclose every private medical detail, but the employer may request documentation that is reasonable and related to the accommodation request.
Tips for Employers
Employers should avoid automatic denials. They should not reject telework, leave, or schedule changes without considering whether the job can be performed with the requested adjustment or whether another effective accommodation is available. They should also be careful not to punish an employee for requesting an accommodation or for needing disability-related flexibility.
If your employer denied your remote work request, refused medical leave, rejected a modified schedule, or disciplined you for disability-related absences, you may have rights under employment law. The Law Office of Sheri Oluyemi, LLC helps employees and professionals identify whether workplace treatment crosses the line from frustrating to unlawful. Contact our office to schedule a consultation about disability discrimination, reasonable accommodation, or retaliation concerns.
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