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When must your employer provide a modified work schedule?

On Behalf of | Apr 8, 2024 | Employment Discrimination

Under California law, employees have the right to request a modified work schedule as a reasonable accommodation for their injury or disability. This can help them continue working while they recover from their condition or despite a permanent disability.

A modified work schedule could include changes to the employee’s hours, such as a different start or end time, or a reduction in the number of hours worked per day or per week.

Requesting an accommodation

To request a modified work schedule, employees should inform their employer of their need for accommodation due to their injury or disability. Employees should provide medical documentation supporting their request. This will help demonstrate the need for the accommodation. It also meets the legal requirements to prove modification is needed due to physical or mental limitations.

Employer requirements

Employers must engage in a good faith interactive process with employees who request an accommodation. They should discuss possible options with the employee to determine if a change is a feasible and effective solution.

If an employer denies a request, they must provide a written explanation of the reason. Employers also must explore alternative options that would allow the employee to perform their job duties. Employers do not have to provide accommodations that would create an undue hardship, such as significant difficulty or expense, for the business.

Employees who believe their employer is violating their rights regarding a request for a modified work schedule can file a complaint with the California Department of Fair Employment and Housing.



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