How to ask for changes at work because of a disability or health condition

This is general information, not legal advice. Do Not Lose Hope is not a law office. Free help is listed below.

This page is about changes at work. For pregnancy or breastfeeding, see How to ask for changes at work while pregnant or breastfeeding. If you were hurt on the job, see Hurt at work? How to get workers comp. For time off with pay, see State Disability Insurance.

Does my condition count as a disability?

California's definition is broader than many people think.

Under the Fair Employment and Housing Act (FEHA), a physical or mental condition is a disability if it limits a major life activity. "Limits" means it makes the activity difficult. It does not have to stop you completely. Working itself counts as a major life activity, and these activities are read broadly, including physical, mental and social ones.

Your condition is judged without the help of medicine or devices. So if your medicine controls your diabetes, epilepsy or depression, the condition can still count.

California's rules name examples such as diabetes, epilepsy, heart disease, HIV, hepatitis, multiple sclerosis, clinical depression, bipolar disorder, PTSD and obsessive compulsive disorder. Cancer-related conditions are covered too, as a "medical condition" (2 CCR 11065). The list is not complete: other conditions count when they limit a major life activity. The Civil Rights Department says minor short term illnesses, like a common cold or the flu, generally do not.

The federal ADA covers employers with 15 or more employees and uses a "substantially limiting" test. California's "limits" test protects more people, and the stronger law applies.

Who must follow FEHA. An employer that regularly employs five or more people. Nonprofit religious organizations are excluded from this definition.

Your immigration status does not change these rights. The Civil Rights Department does not ask about citizenship or immigration status.

What changes can I ask for?

A reasonable accommodation is a change that lets you do the main parts of your job. California law lists examples, such as:

• Making the workplace accessible and usable, like a ramp or a closer parking spot
• Job restructuring, such as swapping a task you cannot do with a coworker
• A part time or changed schedule
• Reassignment to an open job you can do
• New or changed equipment, like a stool, a lifting aid, software or a headset
• Changes to tests, training materials or policies
• A reader or interpreter

The EEOC adds telework, and leave for treatment or symptoms. The Civil Rights Department says that if a condition counts as a disability, an employee is generally entitled to leave or time off as a reasonable accommodation.

You do not have to know the perfect answer. JAN, the Job Accommodation Network, gives free, confidential guidance on workplace accommodations and can suggest ideas for your condition and job. Call (800) 526-7234.

Does my employer have to say yes?

Not to every request. But it has to take your request seriously.

The interactive process. When you ask, California law requires your employer to engage in a timely, good faith, interactive process with you to find an accommodation that works. California regulations say your employer must start this process when you ask, and also when it learns you need help some other way, like from someone else or by seeing it. You must cooperate in good faith too.

Your preference counts. Your employer must consider the change you prefer, but it can choose a different one if that one also works.

Undue hardship. An employer does not have to make a change that would cause significant difficulty or expense, judged by the cost, the employer's size and resources, and how it operates. A large company will have a harder time claiming this than a small shop.

What medical information do I have to share?

Less than many employers ask for.

• If your disability or need is obvious, your employer generally should not need medical papers.
• If it is not obvious, your employer can ask for reasonable medical documentation that confirms you have a disability and need an accommodation.
• California regulations say you do not have to disclose the nature of your disability, and your employer may not ask about its underlying medical cause.

A short note from your provider about your limits and the change you need is usually enough. It does not need your diagnosis or full records. See the sample note.

How do I ask?

1. Think about what is hard and what would help. For example: "I can't stand for more than an hour. A stool at my station would let me finish my shift."
2. Tell your supervisor or HR. You do not need special words. "I need a change at work because of a health condition" is enough to start.
3. Put it in writing the same day. Use the sample below. Keep a copy.
4. Get a provider's note if the need is not obvious. Your provider can be a doctor, nurse practitioner, therapist or other licensed provider.
5. Meet and talk. Listen to your employer's ideas. Offer options. Ask for their answer in writing.
6. Keep notes. Dates, names, what was said, and any emails.
7. Check in after it starts. If the change is not working, say so and ask to try something else. The process can continue.

If you speak another language, you can write your request in your language. Ask a trusted person to help translate.

What if my employer says no?

• Ask for the reason in writing, and what else it can offer.
• Suggest another option. Sometimes a second idea works.
• Call JAN for ideas to bring back to the table.
• Get free legal help. Legal Aid at Work's Workers' Rights Clinic is free for workers within its income limits. Call the East Palo Alto line at (415) 404-9093. Its Work and Family Helpline is 800-880-8047.
• File a complaint.
  • California Civil Rights Department: a complaint usually must be filed within three years. Call 800-884-1684 (TTY 800-700-2320). See How to file a discrimination complaint in California.
  • EEOC (federal ADA): the deadline is 180 days, extended to 300 days where a state agency enforces a similar law, as California's does.

Punishment for asking is illegal. California law makes it unlawful to retaliate or discriminate against you for requesting an accommodation, whether or not it was granted. If you were cut, written up, or fired after asking, write it down and get help fast. See What counts as illegal retaliation at work.

What if I need time off, not a change?

Leave can itself be an accommodation. You may also have other rights:

• California Family Rights Act (CFRA): up to 12 weeks of job protected leave for your own serious health condition, at employers with 5 or more employees, after 12 months and 1,250 hours.
• State Disability Insurance (SDI): partial pay if you cannot do your regular work for at least 8 days, whatever your status. See State Disability Insurance.
• Paid sick days for short absences and appointments. See Paid sick days in California.

Questions people ask

Do I have to tell my coworkers? No. Your employer should keep medical information private. You choose what to share with coworkers.

My condition is mental health. Does that count? Yes, mental disabilities are covered if they limit a major life activity. Depression, anxiety and PTSD can qualify.

My boss says I have to be "100 percent healed" to come back. Is that legal? Often, no. The EEOC says an employer violates the ADA if it requires you to be "100%" healed, with no medical restrictions, when you can do your job with or without a reasonable accommodation, unless the employer can show undue hardship (EEOC, Employer-Provided Leave and the ADA). Ask for the interactive process in writing and get legal advice.

Can my employer just put me on leave instead? Leave is one possible accommodation, but your employer still has to go through the interactive process and consider changes that would let you keep working. Get advice if you are pushed onto leave you did not ask for.

I have no papers. Is it safe to ask? California's civil rights agency does not ask about status. For other worries, talk with a legal aid office first. See Free legal help.

Is there a letter I can use?

What should the note from my provider say?

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Job Accommodation Network (JAN), free and confidential: (800) 526-7234. askjan.org
• Legal Aid at Work, Workers' Rights Clinic (free, income limits): East Palo Alto line (415) 404-9093. legalaidatwork.org
• Legal Aid at Work, Work and Family Helpline (free): 800-880-8047. legalaidatwork.org
• California Civil Rights Department: 800-884-1684; TTY 800-700-2320; Relay 711. calcivilrights.ca.gov
• U.S. Equal Employment Opportunity Commission (ADA): eeoc.gov

You know your body and your work best. Asking for what you need is how you keep doing both.