Work Leave Interference in NYC: Know Your Rights

As companies shift away from hybrid or remote work setups, many employees may face challenges when needing to work from home due to medical or religious reasons. It’s important to know that certain laws may protect your right to request this kind of accommodation. In New York, the NYC Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) both provide protections against discrimination, including for employees who need reasonable accommodations due to disabilities or religious beliefs. Additionally, the Family and Medical Leave Act (FMLA) offers certain rights for those needing medical leave or accommodations. However, whether or not you can secure a work-from-home arrangement depends on various factors, including the nature of your role and your employer's ability to accommodate the request. Understanding the Interactive Process If you need to work from home for medical reasons, your employer is required by law to engage in what’s called an interactive process. This is a cooperative dialogue between you and your employer to explore what reasonable accommodations can be made. The aim is to find a solution that enables you to perform your essential job functions without undue hardship to your employer. For example, if you have a medical condition that makes commuting or working in an office unsafe, the interactive process would involve discussing possible adjustments, which could include working from home. The same applies if you need an accommodation for religious reasons, such as observing religious practices that may conflict with an office schedule. Cooperative Dialogue Is Key Your employer is required to engage in a cooperative dialogue when you request an accommodation. This means they must listen to your needs and work with you to figure out how to best accommodate them. Employers cannot simply deny your request without exploring reasonable alternatives. The dialogue is meant to be an ongoing conversation—if your circumstances change, or if a proposed accommodation isn't working, the conversation should continue until a suitable arrangement is found. Legal Protections You Should Know About Both NYC and NY State human rights laws are some of the most progressive in the country when it comes to employee rights. Here’s a brief overview of what these laws and the FMLA might cover: NYC Human Rights Law (NYCHRL): Employers must provide reasonable accommodations for employees with disabilities or those who need accommodations for religious observances. This could include allowing you to work from home if it doesn’t impose an undue burden on your employer. New York State Human Rights Law (NYSHRL): Similar to the NYC law, this state law requires employers to accommodate employees' religious practices or disabilities, which can include adjustments to work arrangements. FMLA: While the FMLA primarily covers unpaid medical leave, in certain situations, it may support an employee’s request to work from home as a reasonable accommodation if it helps them manage a serious health condition. Is Work From Home a Reasonable Accommodation? Whether working from home is considered a reasonable accommodation depends largely on the nature of your job. If the essential functions of your position can be done remotely without placing undue strain on your employer’s operations, then it’s likely that working from home could be a reasonable accommodation. However, jobs that require physical presence, like certain hands-on roles or customer-facing positions, may not lend themselves to remote work. If you believe your employer has denied your request for an accommodation without proper consideration, you may have grounds for legal action. To better understand your rights or to navigate the process of requesting a work-from-home accommodation, schedule a consultation with Kovel Law PLLC . We can help guide you through the legal steps and ensure your rights are protected.