What are my rights if I recently asked my employer to accommodate a part-time schedule due to medical reasons and with a doctor’s note?

I requested to work 7:30 am – 2:30 pm (their hours of operation are 7 am – 6 pm). They said they could not accommodate that but they could let me work 8:45 am – 3:15 pm so I agreed, even though that was not ideal for my medical situation. Now they are saying my part-time position isn’t working out for them and that if I need to stay part-time I will be removed from my position and put in a different one, however that position is one that I wouldn’t be happy doing and is a serious step down from my current one. It is not what I was hired for or accepted. They said I could take this position part-time or quit. Is there anything I can do?

Asked on November 8, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, unfortunately, letting full time employees work part time, or otherwise work hours or shifts other than the one the employer wants them to work, is not a reasonable accommodation the employer is required to make. If you can't work the hours the employer wants, they can terminate you--or demote or tranafer you, and you'd have to accept the change or be terminated.


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