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Employment Lawyers Calloway Ruiz
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Disability accommodation and leave

Employers must work with you on reasonable changes so you can do your job with a disability or medical condition. If they refused, stalled or let you go instead, we can help.

Overview

A reasonable accommodation can be a modified schedule, a different chair or screen, remote days, a leave of absence, or a move to an open position. In California, employers must also take part in a timely, good-faith conversation with you about what might work. The law calls this the interactive process.

Problems start when an employer ignores a doctor's note, says no without discussing options, or treats a request as a reason to push someone out. Medical and family leave laws add more protection.

Usually contingency. If you are still employed and want strategy only, we offer hourly advice quoted in advance.

This may apply to you if

  • You asked for a change and never got a real answer
  • Your doctor's restrictions were ignored
  • You were told to come back at 100 percent or not at all
  • You were disciplined or fired soon after asking for help
  • You were let go during or right after medical leave
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One or two of these is enough to ask. Most people are not sure.

What a good-faith interactive process looks like

If your employer skipped these steps, that may matter on its own.

  1. You ask, in any form

    It does not need special words. Telling a manager you need a change because of a medical condition can be enough.

  2. They talk with you

    The employer should discuss your limits and possible changes with you, in a timely way.

  3. They consider real options

    Schedules, equipment, duties, leave or another open role, not just a yes or no on your first idea.

  4. They decide and explain

    If one option will not work, they should say why and keep looking for one that will.

How we handle it

  1. Review the request trail What you asked for, what your doctor said and how the employer responded, in order.
  2. Restart the process if you are still employed Often a well-written letter gets the interactive process moving again and keeps you working.
  3. Assert your claims if you were pushed out Failure to accommodate, failure to engage, discrimination and leave-law claims can all apply.
  4. Resolve it Through negotiation, an agency complaint or court, depending on what serves you best.

What to save

  • Doctor's notes and work restrictions
  • Your accommodation request and every reply
  • Leave paperwork and approval letters
  • Emails about your return to work
  • Any discipline after your request

Keep copies of your own records. Do not take company files you are not allowed to have.

Deadlines

Accommodation and disability claims usually start with an agency complaint, and leave-law claims have their own limits. If you were denied help or let go, get advice soon.

We tell you your deadlines in writing after the free review, even if we do not take the case.

An example outcome

Example outcome Disability accommodation

A schedule change after surgery, refused and then fired

The situation
A dental hygienist asked for shorter shifts for six weeks after back surgery, with a doctor's note. The office said no without discussing options and replaced her.
What we did
We showed there had been no interactive process at all and that two other hygienists had been given schedule changes for other reasons.
How it ended
Resolved through an early settlement that covered lost wages and part of her medical costs.

Resolved in the client's favor

Example outcomes are illustrations written for this sample website, not real clients or cases. Every case is different. Past results do not guarantee or predict a similar result, and some cases do not succeed.

See all example outcomes

Questions people ask

Do I have to tell my employer my diagnosis?

Usually not. Your employer can ask for information about your limits and needs, but you generally do not have to share your full medical history.

Is a leave of absence an accommodation?

It can be. A limited leave can be a reasonable accommodation, separate from any family or medical leave you may also have.

More questions and answers

Talk to a lawyer about disability accommodation.

Tell us what happened in a few minutes. A lawyer reads every inquiry and you hear back within one business day, with your deadlines explained either way.

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