Legal Question in Employment Law in California

I am a full time exempt manager. I have a medical condition that has worsened due to working 60 or more hours per week. My physician wrote my employer a letter requesting a modification of my work schedule to 3 days per week and 8 hours per day. Do I have any legal recourse if my employer refuses to adjust my work schedule as recommended by my physician?


Asked on 10/10/09, 10:24 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The employer is required to engage (in good faith) in the interactive process and seek a reasonable accommodation for you.

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Answered on 10/10/09, 10:58 pm
Arkady Itkin Law Office of Arkady Itkin

To elaborate on the above answer of Mr. Cohen - when you are formally diagnosed with medical condition that impairs your ability to work as all other employees, your employer has an affirmative duty to engage in "interactive process" - to seek and discuss ways in which you condition can be accommodated without imposing undue hardship on the company. One of those accommodations can be adjusting your schedule or work hours, especially if recommended by the doctor.

If your employment is terminated because of your condition, you will have claim for disability discrimination, retaliation, and other claims under Title VII or Fair Employment and Housing Act.

Thank you.

Arkady Itkin

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Answered on 10/11/09, 2:13 pm
Terry A. Nelson Nelson & Lawless

An employer is obligated to provide 'reasonable' accommodation upon proper notice of valid medical requirements, if it can be done without substantial burden to the company, and will allow you to still perform all the essential functions of your job. If they violate those rules, you may have a legal claim to pursue. If so, feel free to contact me for the help you'll need.

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Answered on 10/11/09, 4:12 pm


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