Legal Question in Employment Law in California
I am a full time exempt manager. I have a medical condition that has been exacerbated by working more than 40 hours per week. My physician wrote a letter to my employer requesting a modification in my work schedule to no more than 3 days per week and 8 hours per day. Do I have any legal options should my employer refuse to modify my work schedule?
1 Answer from Attorneys
The issue is whether the accommodation being requested will enable you to perform the essential duties of your job and whether the request will create an undue hardship on the employer. In some cases, other alternatives may have to be looked at, such as a temporary assignment to another job. Both parties have an obligation to engage in an interactive process to discuss what can be done to accommodate an employee with a disability. The accommodation does not, necessarily, have to be the one the employee desires, but one which will enable the employee to do their job without creating an undue hardship on the employer.
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