Under the ADA, an employer must allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation absent undue hardship.
A modified schedule may involve
Adjusting arrival or departure times
Providing periodic breaks
Altering when certain functions are performed
Allowing an employee to use accrued paid leave
Providing additional unpaid leave.
An employer must provide a modified or part-time schedule when required as a reasonable accommodation, absent undue hardship, even if it does not provide such schedules for other employees.
The ADA states that an employee who needs a modified or part-time schedule because of his/her disability is entitled to such a schedule if there is no other effective accommodation and no undue hardship.
An employer must reassign the employee if there is a vacant position for which s/he is qualified and which would allow the employer to grant the schedule.
Under the FMLA, an eligible employee is entitled to take leave intermittently or on a part-time basis, when medically necessary, until s/he has used up the equivalent of 12 work weeks in a 12 month period.
In some cases, the time during which an essential function Essential functions are the basic job duties that an employer must be able to perform with or without reasonable accommodation. is performed may be critical. This could affect whether an employer can grant a request to modify an employee's schedule. An employer should carefully assess whether modifying the hours could significantly disrupt their operations i.e., undue hardship, or whether the essential functions may be performed at different times with little or no impact on the operations or the ability of other employees to perform their jobs.
If modifying a schedule causes undue hardship, an employer must consider reassignment to a vacant position to enable the employee to work during the hours requested.
continue to next topic
No Fault Leave Policy