It Depends...
Scenario: An employee in a hybrid department (3 days in-office, 2 days remote) receives approval for intermittent remote work during medical symptom flare-ups. HR notices a distinct pattern: 90% of the employee's unscheduled remote days fall on Mondays or Fridays. The supervisor believes the employee is extending their weekends.
"What are your next steps when a supervisor demands you revoke this remote accommodation?"
Do not accuse the employee of cheating the system.
Share the attendance data neutrally and ask what is driving the pattern.
Explore flexing or swapping in-office days (e.g., if they work remotely Friday, they make up the in-office day on Tuesday) to maintain equity without invalidating their medical need.
Note: Flare-ups might follow specific treatment cycles (e.g., Thursday night therapies or medications) that leave the employee fatigued by Friday.
Scenario: An employee diagnosed with a medical condition and is legally restricted from driving a motor vehicle. Because public transit options to the office building are extremely limited, the employee submits a doctor's note requesting 100% remote work as an ADA accommodation. The supervisor demands HR deny the request.
"Is an employer legally required to grant remote work when an employee’s disability prevents them from driving to work?"
While commuting is traditionally an employee's personal responsibility, EEOC guidance and courts confirm that commuting barriers caused directly by a disability can trigger an employer's duty to provide reasonable accommodations.
If essential job functions can be performed effectively from home, granting remote work is often considered a reasonable accommodation for commuting limitations.
If physical presence on-site is an essential function, evaluate alternative accommodations (adjusting shift hours to align with transit/carpools, flex scheduling, or reassignment to a closer facility).
Scenario: A payroll analyst is placed on a formal 60-day Performance Improvement Plan (PIP) due to repeated, significant errors and missed deadlines. During the 30-day PIP progress review, after being informed that their performance is still below standard, the employee discloses for the first time that they have ADHD and a diagnosed learning disability in processing numerical data. They request that HR immediately pause the PIP and assign a peer colleague to double-check all their financial calculations before submittal.
"Do you pause or cancel a Performance Improvement Plan when an employee discloses a disability midway through?"
Maintain the active PIP for past performance while immediately starting the interactive process for future support.
Discuss accommodations that assist the employee in performing their own work, such as specialized auditing software, quiet workspace environments, or extra self-check timelines.
Assigning a peer to double-check work is NOT a reasonable accommodation.
Clarify in writing that while accommodations are being provided, the employee is still held to the same core performance and accuracy standards as all other analysts.
If the performance issues continue, discuss possibility to alternative job (repeated tasks…)
Scenario: A maintenance worker injured on the job is cleared for sedentary, light-duty work. The agency offers a temporary desk assignment reviewing safety logs at full pay. The employee declines the offer, stating they prefer to stay home until fully healed.
"What do you do when an employee turns down a light-duty work offer?"
Ask the employee to explain their specific concerns; there may be unstated pain, commute barriers, or misunderstandings you can easily resolve.
Always put light-duty offers in writing detailing exact physical duties, schedule, location, and compliance with medical restrictions.
Refusing a valid, safe light-duty assignment within medical restrictions usually forfeits Workers' Comp wage replacement.
You cannot force an employee to return, but you are not obligated to pay them to stay home.
Scenario: An accountant submits a note from a therapist stating they experience severe anxiety and panic attacks directly caused by their manager's leadership style, requesting a transfer to a different supervisor as an ADA accommodation.
"Is an employer legally obligated to provide a new supervisor as a reasonable accommodation? What are your next steps?"
An employer is NOT required to change an employee's supervisor.
The courts have established that a disorder preventing an employee from working with another particular individual does not meet the definition for “disability” under the ADA & FEHA.
Shift the focus from who they work for to what functional support they need (e.g., written instructions, weekly check-ins, mediation).
Send a supplemental questionnaire to the medical provider requesting specific functional limitations.
Maintain clear boundaries between management processes and disability accommodations.
Scenario: A public works inspector goes out on medical leave for surgery. On the last business day of every month, the employee emails HR a generic, one-line doctor’s note stating: "Patient remains excused from work for an additional 30 days." This monthly routine has repeated for 7 months.
"How do you handle the monthly doctor's note extension loop?"
Employers are not required to accept indefinite 30-day "rolling" notes without functional medical detail.
Send a supplemental questionnaire to the medical provider requesting specific functional limitations.
If the doctor cannot provide a definitive return-to-work date issue a formal notice giving the employee a final opportunity to provide concrete return medical info before proceeding with a non-disciplinary medical separation.
Scenario: An office employee submits a note from their physician stating: "Employee suffers from severe workplace-induced panic disorder and must work 100% remotely from home immediately."
HR requests an in-person interactive process meeting to discuss the employee's essential job functions and potential accommodations. The employee emails back: "Coming into the office is the exact trigger for my condition. I refuse to come into the building for an interactive meeting. My doctor's note mandates Work From Home, so there is nothing to discuss. Just approve the WFH request, or I will file an EEOC complaint."
"How do you handle this request?"
HR should offer alternative channels to fulfill the interactive requirement: 1) video call (Teams / Zoom) 2) phone conference 3) written functional questionnaire sent via email
A medical provider can identify functional limitations (e.g., difficulty concentrating in high-sensory environments), but the employer determines how to accommodate those limitations.
WFH should not be granted blindly. HR and the supervisor must evaluate whether the core duties require physical presence, access to secure on-site systems, or live collaboration.
Scenario: A city recreation coordinator hired 7 months ago suffers a non-work-related injury that requires surgery and a 6-week post-op recovery period. Because the employee has only worked 7 months (and under 1,000 hours), HR correctly confirms they are ineligible for FMLA leave.
The department director wants to fill the position immediately for the upcoming summer season and states: "If they don't qualify for FMLA, they don't have job protection. We should deny the leave, and if they can't show up to work, process a non-disciplinary termination so we can hire a replacement."
"How do you proceed?"
The ADA protects employees from Day 1; lacking FMLA tenure does not give an automatic right to deny leave or terminate.
A fixed 6-week recovery with a clear return date is generally treated by courts as a reasonable ADA accommodation.
Start the interactive process by sending an ADA medical questionnaire to confirm the disability and verify the 6-week return timeline.
Scenario: A full-time custodian (scheduled for 8-hour shifts) brings HR a medical note establishing a 4-hour daily work restriction due to a back condition. To support their recovery, the employer agrees to a temporary transitional assignment allowing them to work 4-hour shifts for 5 months.
At the end of the 5 months, instead of returning to full duty, the custodian submits a new doctor's note extending the exact same 4-hour restriction for another 6 months. Facilities management reports that uncleaned restrooms, overtime costs for other custodians, and delayed sanitation are creating major operational bottlenecks.
"What factors should you consider when approving or denying the request?"
Receiving an extension note requires re-opening the interactive dialogue.
Send a medical questionnaire to the employee's healthcare provider.
Review & follow your organization’s Return to Work Policy / Temporary Modified Light-Duty Assignment Policy.
Granting temporary light duty for a set duration does not mean the agency is locked into that schedule forever.
Under the ADA, employers are not required to convert a full-time position into a permanent part-time role.
Scenario: A special education paraprofessional in a high-needs behavioral classroom notifies HR that she is 3 months pregnant. She is requesting to be immediately excluded from working with special education students—specifically requesting to be relieved of all physical restraint and crisis-intervention duties.
The school principal tells HR: "Her entire job description is managing behavioral students, which requires physical interventions when students self-harm or attack others. If she can't work with special ed students or perform restraints, she can't do her job. Put her on leave."
"Should HR place her on leave? What do you do?"
Under the ADA, an employer does NOT have to eliminate essential functions. However, under the PWFA, the employer MUST temporarily excuse or reassign an essential function (like physical restraint) for pregnancy, provided: 1) the inability is temporary; 2) the function can be performed again in the near future (generally up to 40 weeks for pregnancy); and 3) the temporary accommodation can be provided without undue hardship.
Forcing a pregnant worker onto leave when she can still perform duties safely with adjustments creates major legal liability.
Explore temporary reassignment to a general education classroom, or a floating instructional aide role where restraints are not expected.
Scenario: A facilities manager exhausts their 12 weeks of FMLA leave while recovering from surgery. They return to work but submit a medical note requesting ongoing intermittent leave of 4 days per month for ongoing physical therapy. The employee has prior attendance write-ups on file.
"Should you grant additional leave beyond the allowed 12 weeks of FMLA? What should you consider?"
Exhausting FMLA doesn't end job protection; you must automatically evaluate the 4-day request under the ADA.
Ask the doctor for a clear timeline; is 4 days per month permanent or temporary?
Follow your organization’s Return to Work Policy / Temporary Modified Light-Duty Assignment Policy.
Prior attendance write-ups don't block medical leave; evaluate prospective accommodations on their own merits.
Scenario: An administrative assistant has taken roughly 30 days of unscheduled leave per year for the past two consecutive years due to chronic health conditions (using a mix of accrued sick leave, FMLA, and unpaid days). Having now completely exhausted their FMLA allotment, the employee continues to call out 2 to 3 days per month. The department head demands HR initiate a non-disciplinary termination for excessive absenteeism, stating: "We can't run a department when someone misses a full month of work every single year."
"What should you consider? What are your next steps?"
FMLA protection ended, but ADA interactive requirements kick in immediately for prospective absences.
Send a medical questionnaire asking the healthcare provider for a realistic, long-term prognosis on attendance and flare-up frequency.
Maintain precise attendance records that categorize each absence (FMLA, accrued sick leave, unexcused, ADA accommodation) to prevent mislabeling protected time.
Evaluate reassignment to a vacant role with less time-sensitive deliverables before considering non-disciplinary termination.