Can a nusing home mandate a CNA on a 8 hour medical restriction to work the following shift by saying that they do not have staff in New York?

My girlfriend is A CNA on the night shift at a nursing home in New York State. She is on a 8 hour work restriction from her doctor following knee injuries that happened at work. Can she be mandated to work the day shift legally? They are telling her that they do not have the staffing so she needs to stay, instead of mandating someone else in the facility or making another nurse do her CNA duties.

Asked on March 31, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can do this. A "reasonable accommodation" for an injury or disability does not include limitions on how many hours you can work or which shifts you can be required to work: that is still up to the employer. "Reasonable accommodations" are things like changes in job rules or procedure, or provision of some assistive or ergonomic device or technology to help the employee--but not a restriction on how much or when you can work. Therefore, regardless of the doctor's note, the employer can require this.


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