January 2023: An Employee Requests Time Off Because of a Disability. Now What?

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An employee says he needs time off because of a disability. He never mentioned a disability before. As the employer, do I automatically have to grant his request and give him time off?

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I'll give you a variation of the most hated lawyer answer the world has ever known: maybe (which is just another way of saying maybe). Here's a snapshot of what you, as the employer, should and shouldn't do.

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First, as we've mentioned before, remember that in Pennsylvania (your situation may vary from state to state) all employers with 4 or more employees must comply with the PHRA, which is the state equivalent of the federal anti-discrimination laws. This includes laws that make it illegal to discriminate against individuals with disabilities. So, even small businesses must proceed with caution.

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Second, don't ignore or immediately deny the request. When an employee raises a disability-related issue, an employer must engage in what the law calls an interactive process. That's legalese for working with the employee to try to figure out a reasonable way to deal with the issue that meets the interests of both the employee and the employer. Take the request seriously, and put real, documented effort into addressing it.

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Third, remember that the employee's interests are not the only ones at stake when an employee raises a disability-related issue. Employer's interests count too. Employers are not automatically required to give an employee what he or she requests. During the interactive process, if the employer comes up with an alternative reasonable accommodation that takes into account both parties' interests, it's on solid (not ironclad, just solid) legal footing that it engaged in the interactive process in good faith.

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These points are just the tip of the iceberg in these situations. They can be tricky because they raise a host of issues that can trip up even the most scrupulous and experienced employer. Contact your friendly local lawyer (I know a guy) to help guide you through the process.

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