Does the ADA require employers to modify attendance policies as a reasonable accommodation, absent undue hardship?
Yes. If requested, employers may have to modify attendance policies as a reasonable accommodation, absent undue hardship.71 Modifications may include allowing an employee to use accrued paid leave or unpaid leave, adjusting arrival or departure times (e.g., allowing an employee to work from 10 a.m. to 6 p.m. rather than the usual 9 a.m. to 5 p.m. schedule required of all other employees), and providing periodic breaks.72 20. Does the ADA require that employers exempt an employee with a disability from time and attendance requirements? Although the ADA may require an employer to modify its time and attendance requirements as a reasonable accommodation (absent undue hardship), employers need not completely exempt an employee from time and attendance requirements, grant open-ended schedules (e.g., the ability to arrive or leave whenever the employee’s disability necessitates), or accept irregular, unreliable attendance. Employers generally do not have to accommodate repeated instances of
Related Questions
- What are the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship?
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- Does the ADA Require Employers to Offer Reasonable Accommodation to Disabled Employees Who Don Request Them?