What is the extent of the employee’s entitlement to accommodation with time off or limited duty hours?
Or, perhaps the employee’s doctor has asked for a permanent limitation in the employee’s work hours, because of the employee’s condition. Both the FEHA and ADA specifically list scheduling adjustments as examples of “reasonable accommodations” and use identical language.
This approach may be unsuccessful for an employer, if it cannot show that it would suffer an undue hardship with the needed accommodations.
Mar 9, 2009) (“Examples of reasonable accommodations may include, but are not limited to .
“part-time or modified work schedules”) (quoting 29 C.
Iowa 1996) (“part-time employment is a possible reasonable accommodation”). An Employer Should Consider Reassignment a Last Resort and Make Time Off and Reduced Hours Adjustments First. The California Court of Appeal upheld a jury verdict of ,990,385 in compensatory damages, ,200,000 in punitive damages against the defendant, and ,000 in punitive damages against the defendant’s CEO in a case where an employer failed to reasonably accommodate an employee undergoing breast cancer treatment by allowing her to reduce her hours worked in the office.
An employer should not assume that its obligation to provide accommodations is fleeting or can be addressed by calling certain accommodations “temporary.” B. § 1630.2(o) (EEOC's interpretive guidelines provide that “reassignment should be considered only when accommodation within the individual's current position would pose an undue hardship.”).
This issue was analyzed in depth last year by a California Court of Appeal in at *7. Following the refusal to reasonably accommodate her disability, Mc Gee was demoted, lost her medical insurance, and received a pay cut that resulted in a 50% loss of income. On the contrary, reassignment is considered an accommodation of “last resort” and adjustments to work schedules should be considered first. So, the employer should assume that the employee’s condition is a disability if he or she needs a reduced work schedule and/or extra time off, and should assume that such an accommodation is among those which might generally be considered a reasonable accommodation. Must an employer make a temporarily reduced work schedule a permanent accommodation, and how much time off must an employer allow an employee? An Employer May Not Eliminate Reasonable Accommodations Simply by Designating them as “Temporary.” As the Equal Employment Opportunity Commission's (EEOC's) interpretive guidance on the ADA makes clear, the duty to identify and provide a reasonable accommodation under the ADA is an ongoing duty to identify and provide accommodations that enable the employee to perform the essential functions of the job held or desired. Courts do not favor demoting an employee or sending him or her to a career “Siberia” as a result of limitations requiring reasonable accommodations.
Whatever the disability, the employee’s doctor has asked for time off for the employee.
Of course, if an employee worked the requisite hours in the preceding year and otherwise qualifies for Family Medical Leave Act or California Family Rights Act leave, they will be entitled to some time off. Though employers might formerly have defended an action by arguing that the purported disability only limits the employee in a particular job or narrow class of jobs (, 534 U. 184 (2002)), now, the employer can safely assume the employee requiring substantial time off or a limited work schedule will qualify under the definition of disability, and should move quickly to the reasonable accommodation inquiry. that enable a qualified individual with a disability to perform the essential functions of that position.” 29 C.