Do you need help with an accommodation or leave issue in Phoenix, Arizona? Houk Employment Attorneys can help when you call (480) 569-2377 We offer a free consultation with a Phoenix accommodations & leaves lawyer who can explain your rights and options under the law.
Life events sometimes require employees to take a leave of absence or request workplace accommodations. Employers are legally required to provide reasonable accommodations and protected leave in qualifying situations. Unfortunately, some fail to meet these obligations. In those cases, it’s important to take steps to protect your rights under federal and Arizona employment laws.
Why Choose Houk Employment Attorneys for Help With My Leave or Accommodation Claim?
At Houk Employment Attorneys, we provide skilled legal representation for workers in Phoenix, AZ, who are facing challenging workplace issues. Our team is dedicated to protecting employee rights and securing just outcomes.
Here’s why you should choose us for help:
- Over 45 years of combined experience advocating for employees across Arizona.
- Millions of dollars recovered for clients in employment-related cases.
- Top ratings with Super Lawyers for excellence in employment law.
- Membership in the American Bar Association’s Labor and Employment Section, the National Employment Lawyers Association, and the Arizona Employment Lawyers Association.
- Trusted reputation for handling cases involving FMLA leave, ADA accommodations, pregnancy accommodations, retaliation, and wrongful termination.
Contact us today for a confidential consultation with a Phoenix employment attorney. You deserve fair treatment in the workplace, and we’re ready to fight for you.
Understanding Reasonable Accommodations and Job-Protected Leave in Arizona
Federal and state laws provide workers with rights related to job-protected leaves and reasonable accommodations. Understanding protected leave and workplace disability rights in Phoenix helps you protect yourself from discrimination.
Reasonable Accommodations
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for workers with disabilities. A reasonable accommodation is an adjustment to a disabled employee’s job duties or work environment that allows them to have equal opportunities. It helps protect workplace disability rights in Phoenix and throughout Arizona.
Examples of ADA accommodations in Phoenix, AZ include, but are not limited to:
- Modified work schedules
- Sign language interpreters
- Flexible break times
- Elevators and wheelchair ramps
- Accessible and/or ergonomic workspaces
- Uses of assistive technologies and devices
- Modified responsibilities and duties
The Arizona Civil Rights Act and the ADA make it illegal for employers to discriminate against workers with disabilities. Failing to provide reasonable accommodations can be a form of discrimination.
The law provides specific exceptions for employers. An employer is not required to provide an accommodation that creates an undue hardship. Employers often use the undue hardship defense without justification. A Phoenix accommodations lawyer can help you argue that the accommodations you request are reasonable and legal under the law.
Federal Job-Protected Leave
Employees have the right to unpaid medical leave under the federal Family and Medical Leave Act (FMLA). Under FMLA, qualified employees can request up to 12 weeks of unpaid job-protected leave for matters related to:
- Pregnancy-related reasons
- Recovering from a serious medical condition
- Caring for and bonding with a newborn
- Providing care for a family member with a serious medical condition
- Caring for and bonding with a newly adopted or foster child
- Preparing for a family member’s military service
- Caring for a family member who sustained a serious injury or illness during military duty
The employer must have at least 50 employees within a 75-mile radius to be covered by the law. The employee must have worked for the company for at least one year or have accrued 1,250 hours of service during a year to qualify for FMLA benefits. An FMLA lawyer can review your case to determine if your employer violated the law.
State Job-Protected Leave
Arizona employees also have specific rights under the Fair Wages and Healthy Families Act (FWHFA). Under the Arizona medical leave law, employees are entitled to one hour of paid medical leave for every 30 hours of work. Employees receive their regular pay rate for paid sick hours.
Employees can use paid sick leave to care for themselves or a family member who is ill. The FWHFA does not apply to state and federal employees because they have protections under the Federal Employee Paid Leave Act.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for a pregnant worker. The accommodations cover the workers’ known limitations related to pregnancy and childbirth. It also applies to related medical conditions. As with the ADA, the employer may claim that the accommodation causes an undue hardship for the employer.
The PWFA protects a pregnant worker from being forced to take an accommodation. It also protects the worker from being forced to take leave if another accommodation is available that does not result in undue hardship.
Why Do Employers Deny Requests for Accommodations and Leaves?
Employers often violate laws regarding accommodations and leaves in various ways. Common employer violations include, but are not limited to:
- Denial of reasonable accommodations without a valid reason
- Failing to engage in an interactive process with the employee
- Refusing to adapt policies, such as modifying a policy to allow teleworking
- Disregarding mental health conditions as qualifying conditions for accommodations or leave
- Wrongfully terminating an employee for requesting protected leave or accommodations
- Failing to provide assistive equipment for a modification
- Denying schedule alterations or work leave
An employer has the right to deny a request for an accommodation if it would cause an undue hardship for the employer. Talk with a lawyer if you believe your employer is denying a valid request.
What Happens if Your Request for Workplace Accommodations or Leave Is Denied in Arizona?
Employees have several options for enforcing their rights when employers violate accommodation and leave laws. Options an employee may have include, but are not limited to:
- File an internal complaint with human resources at their workplace
- File a complaint with the Equal Employment Opportunity Commission (EEOC)
- Pursue legal action under the Americans with Disabilities Act (ADA)
- File a wrongful termination lawsuit
- File a complaint with the Arizona Civil Rights Division
You could be entitled to compensation for a variety of economic and non-economic damages, including lost wages and emotional distress. If you believe your employer violated your rights, contact Houk Employment Attorneys to speak with an attorney.
Our Phoenix accommodations & leaves attorney can explain your rights and the options you have for a legal claim.
You Deserve Strong Legal Representation When Your Rights Are Violated
When your employer violates your rights in Phoenix, Arizona, it threatens your financial security. However, employer misconduct also impacts your well-being and dignity as an employee and an individual. At Houk Employment Attorneys, we provide success-driving strategies to protect your interests.
Contact us today for a confidential consultation with a Phoenix accommodations and leaves lawyer.
