Can an employer ask me to resign if I have a note stating I can’t work nights
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Can an employer ask me to resign if I have a note stating I can’t work nights
I am an rn that was supposed to be on
night shift but due to a medical
condition my NP gave me Drs note
stating I am unable to,do nights. I
have it to my employer and she said she
doesn’t have any day shifts so there is
nothing she can do. I contacted HR.
They told me I would have to resign
from my icu position and externally
apply for a new job. I would think they
would have to accommodate me in another
position. I shouldn’t have to resign
Asked on December 15, 2016 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Letting you change shifts is not a "reasonable accommodation." A reasonable accomodation is one that is not too expensive or disruptive for the employer.
1) If your job was to work nights, if they don't currently have someone available to do this, they'd have to hire a replacement for you.
2) An reasonable accommodation for you does not include displacing another employee, so if the day shift is full, it is not reasonable to make them bump another employee for you.
3) They also are allowed to be skeptical of certain requets: to even have to consider your request in the first place, you'd have to not just have a doctor's (or in this case, NP note), but an actual diagnosis of a condition which provably and causally and credibly lets you work by day, but not at night. It is possible that they found the claimed need unpersuasive, in additon to the factors above.
Since the shift change is not a reasonable accommodation, you need to work nights, or resign, or be terminated.
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