ADA Frequently Asked Questions
Category: Title I: Employment
Question: #27
Does an employer have to provide a modified schedule as a reasonable accommodation when requested by an employee with cancer?
Similar to Question 16 in the FAQ
Similar to Question 16 in the FAQ
Answer:
Under the ADA, employers are required to provide reasonable accommodations that would not result in a fundamental alteration,undue hardship or a direct threat to health and safetywhen requested due to an employees disability.
Cancer is typically covered under the ADA definition of disability as it is a condition characterized by an out-of-control growth of abnormal cells. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. Major bodily functions, such as normal cell growth, are considered major life activities under the ADA. Cancer and cancer treatments can also cause a variety of other substantially limiting impairments, including but not limited to, pain, fatigue, nausea, problems with weight management, vomiting, hair loss, low blood counts, memory and concentration loss, depression, etc.
If an employee discloses that they have cancer and requests a modified schedule to attend treatment appointments, the request should be evaluated in the same way as other reasonable accommodation requests. This can include requesting documentation to verify that the employee has a qualifying disability and that their request for a modified schedule is related to that disability.
Practical Considerations for Requesting Documentation:
Employers should be aware that a delay in cancer treatment can have substantial consequences for the employees health and wellbeing. In situations where timeliness and the employees safety are a concern, employers should consider putting the employee on temporary leave during the documentation and/or accommodation review process so that the employee can begin attending their treatment appointments as soon as possible while they wait for their documentation and long-term request for a modified schedule to be evaluated. Options for leave can include paid time off, FMLA, employer-provided leave programs and unpaid leave as an ADA accommodation.
Resource(s):
Work-Leave, the ADA, and the FMLA
Cancer in the Workplace and the ADA
Accommodations and Compliance: Cancer+
Cancer is typically covered under the ADA definition of disability as it is a condition characterized by an out-of-control growth of abnormal cells. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. Major bodily functions, such as normal cell growth, are considered major life activities under the ADA. Cancer and cancer treatments can also cause a variety of other substantially limiting impairments, including but not limited to, pain, fatigue, nausea, problems with weight management, vomiting, hair loss, low blood counts, memory and concentration loss, depression, etc.
If an employee discloses that they have cancer and requests a modified schedule to attend treatment appointments, the request should be evaluated in the same way as other reasonable accommodation requests. This can include requesting documentation to verify that the employee has a qualifying disability and that their request for a modified schedule is related to that disability.
Practical Considerations for Requesting Documentation:
Employers should be aware that a delay in cancer treatment can have substantial consequences for the employees health and wellbeing. In situations where timeliness and the employees safety are a concern, employers should consider putting the employee on temporary leave during the documentation and/or accommodation review process so that the employee can begin attending their treatment appointments as soon as possible while they wait for their documentation and long-term request for a modified schedule to be evaluated. Options for leave can include paid time off, FMLA, employer-provided leave programs and unpaid leave as an ADA accommodation.
Resource(s):
Work-Leave, the ADA, and the FMLA
Cancer in the Workplace and the ADA
Accommodations and Compliance: Cancer+
