Under state and 여우 알바 federal laws, employers are required to make available reasonable accommodations for employees who are disabled so they can fulfill essential work functions. Under the Americans with Disabilities Act, employers that employ 15 or more employees are generally required to provide reasonable accommodations. Some state and local laws may require employers with fewer employees to provide reasonable accommodations. If nondisabled part-time employees are not provided with health care insurance, the employer does not need to provide that insurance for a disabled employee who is given a part-time schedule as a reasonable accommodation.
An employer is required to provide an altered or part-time schedule if required to do so as a reasonable accommodation, unless there is undue hardship, even if it does not provide such schedules for other employees. If undue hardship exists, an employer must redistribute an employee to an open position that is suitable to him/her and that will permit the employer to grant such a schedule (absent undue hardship). The employer is expected to make accommodations up to the point of undue hardship, just as they would an employee out for a long period due to a disabling condition.
The employer does not need to create a new position, no other employees must be transferred or terminated in order for the position to become open for the purpose of the accommodation, and the employee must have a qualifying condition to be offered an open position. When an employee is ready to return to work, the employer should permit the person to return to the employees position (assuming that no undue hardship exists with keeping the position open) if the employee is still qualified (i.e., the employee is capable of performing essential functions for the position, either with or without reasonable accommodations). Under the ADA, her employer may terminate her employment,(62) but under the ADA, the employer must consider whether the employee could perform essential functions with reasonable accommodations (e.g., extra time off, a reduced schedule, job reassignment, or the use of specialized equipment).
Occasionally, there is a situation in which the employee performing duties which could reasonably be classified as exempt wants to work part-time, or the employer wishes to convert the employees job status to part-time. For example, if the position is considered to be exempt at thehalf-time level, but the employee nevertheless works 35 hours during any given week, the employer does not have to pay the employee for the extra hours. For a part-time employee to have regular hours–and be entitled to accrue vacation–he or she must be scheduled to work an hour in each weekly biweekly pay period.
Employers typically expect part-time employees to work a certain minimum number of hours, and they wish to lower the employees salary when an employee does not meet that standard. Employers that hire full-time employees Full-time employees expect these employees actually work full-time, and they are on-site when they are expected. Employees who fail to report to work regularly, predictably, present a productivity problem to employers who hire full-time employees, and morale problems to employees colleagues, who might believe that it is unfair that they must take up the slack for an absentee employee.
As the older employee makes transitions into retirement, employers may be required to make accommodations such as flexible hours and working conditions, part-time arrangements, and job sharing. Both employers and employees are essential participants in the process of finding an effective accommodation. Whether or not an accommodation is reasonable will differ depending on the job the employee holds, how his disability impacts his ability to perform his work, and the environment he works in.
If the need for an accommodation is not apparent, an employee may need to present documentation from the appropriate medical or rehabilitation provider that demonstrates a disability. For an employee to disclose they have a disability without also saying that this affects their job is generally insufficient to start an accommodations process. To determine what is reasonable, the employer needs to review the requests made by the complainant or the disabled employee.
For example, if the employer provides the employee with a personal residence, such as a private bedroom furnished (for example, with a bed, nightstand, and dresser) in which the employee can store his belongings and use his or her off-duty time, these facts are an indication (to be considered alongside other facts about the accommodation) that the main beneficiary of the accommodation is the employee. With respect only to employees performing live-in domestic services, an employer who fails to furnish those records can assert that a specified amount–up to seven-and-a-half times the statutory hourly minimum wage for each weeks furnished accommodation, now $54.38 (7.5% x $7.25)–is claimed in lieu of wages, instead of reasonable costs or fair value for the accommodation provided. Employers cannot count the cost of lodging as part of employees wages when housing provided is in violation of any federal, state, or local law, regulation, or ban.
Of those accommodations that did indeed incur one-time costs, the average one-time expense reported by employers was $500. Of 1,029 employers able to report costs associated with accommodations that they provided, 1,571 (56%) reported the accommodations needed by their employees were completely without cost. When asked what they paid for an accommodation above and beyond what they would have paid for a nondisabled employee holding the same job, employers gave the average response $20.
This increased focus has led some employers to worry about the costs of providing workplace accommodations. For instance, an employer does not have to provide paid leave when the altered hours allow an employee to attend to a significant caregiver responsibilities.