Legal Question in Employment Law in California

Employer will not accommodate my possible need for 1 to 2 days off per month due to a medical condition. They say it is a serious hardship for them. They will also not let me work from home during these days which I have offered to do if necessary. Since my medical condition is on-going and may be with me for life, they will also not hold my job unless I can come back in the next few months. What, if any, recourse do I have? They are pushing me out of my job due to my disability which only flairs up on occasion.


Asked on 11/28/17, 1:09 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

This is a common issue. You should discuss your situation and legal options with an experienced employment attorney in your geographic area.

Thanks,

Arkady Itkin

Sacramento & San Francisco Employment Lawyer

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Answered on 11/28/17, 6:01 pm
David Sarnoff Sarnoff + Sarnoff

To expand on Mr. Itkin's response, your employer has a duty to "reasonably" accommodate your medical condition, but it does not have to provide accommodations that would result in an "undue hardship" to the company. The accommodation you are asking for may indeed be an "undue hardship," but that depends on many factors, including the size of the company, certain policies of the company, whether or not the company allows other employees who are not disabled work from home on a regular basis, and potentially other factors. The company should do an actual analysis of whether or not the accommodation you are requesting would constitute such a hardship. If they have, and if they can show that it would, then they may not have to accommodate your medical condition as you have requested. However, if the accommodation is simply something they don't want to do but that would not impose an undue hardship on the business, then they may have to provide the accommodation requested. Regardless, they should discuss other alternatives with you they could possibly work as an accommodation. As Mr. Itkin stated, you should contact an experienced employment attorney in your area.

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Answered on 11/29/17, 2:03 pm


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