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Historical legal context: This article originated in JER HR Group’s October 2018 newsletter and discussed Hostettler v. College of Wooster, a Sixth Circuit decision involving a request for a part-time return-to-work schedule. The case remains useful as an example, but accommodation decisions require current, individualized analysis under applicable law.
Can a Modified Work Schedule Be a Reasonable Accommodation?
Yes. The EEOC identifies part-time or modified work schedules as possible reasonable accommodations under the Americans with Disabilities Act. A modified schedule may involve adjusted arrival or departure times, periodic breaks, changes to when tasks are performed, or a temporary or ongoing part-time schedule. The employer must still evaluate whether the employee can perform the position’s essential functions with an effective accommodation and whether the accommodation would create undue hardship.
The analysis should not begin or end with the job being labeled “full time.” Employers need evidence about the work: when duties must occur, how coverage is provided, which tasks are time-sensitive, how responsibilities interact, and why a particular schedule is connected to an essential function.
| Question | Evidence to review | Caution |
|---|---|---|
| What are the essential functions? | Current job description, actual duties, workflow, consequences of nonperformance, and manager evidence. | Job titles, tradition, or a 40-hour label alone may not establish essentiality. |
| What change is requested? | Proposed hours, duration, frequency, start date, and functional limitation. | Request only information necessary to evaluate accommodation. |
| Would the schedule be effective? | Coverage, work output, deadlines, collaboration, safety, and available alternatives. | Do not rely on assumptions about disability or performance. |
| Would it create undue hardship? | Operational impact, cost, resources, structure, and duration. | Use the applicable legal standard and specific facts. |
| Do other laws apply? | FMLA, PWFA, state leave, paid leave, workers’ compensation, and collective-bargaining rules. | Rights under each law may need separate analysis. |
The Hostettler Case: What the Court Considered
In Hostettler v. College of Wooster, an HR generalist returned from leave on a part-time schedule related to postpartum depression and separation anxiety. The written job description described the position as full time, and the employee had previously worked 40 hours per week. The record also included evidence that she performed the job satisfactorily while working part time.
The Sixth Circuit concluded that the employer had not established, at the summary-judgment stage, that full-time presence was essential merely by identifying the role as full time. The court looked for evidence explaining why the work required that schedule.
The decision does not mean every reduced schedule must be approved, that a job’s schedule can never be essential, or that an accommodation must continue indefinitely. It illustrates why employers should connect schedule requirements to actual essential functions and complete the interactive process before deciding.
A Seven-Step Employer Review Process
1. Recognize the request
An employee does not need to use the phrase “reasonable accommodation.” A request for a schedule change linked to a medical condition or functional limitation may be enough to alert the employer that accommodation should be considered.
2. Confirm the request and process
Identify the requested change, expected duration, and immediate timing needs. Explain who will coordinate the process, how information will be handled, and whether an interim arrangement is appropriate while the review continues.
3. Review essential functions
Use a current job description and actual work evidence. The EEOC considers factors such as the employer’s judgment, written descriptions prepared before hiring, time spent performing the function, consequences of not performing it, collective-bargaining terms, and experience of employees in similar jobs.
JER HR Group’s job description best-practices guide explains how to document duties and requirements without treating every preference as essential.
4. Obtain limited supporting information when permitted
When the disability or need is not obvious, an employer may be able to request reasonable documentation addressing the existence of a covered limitation and why accommodation is needed. Requests should be limited and handled confidentially. Different rules can apply to pregnancy-related limitations and other protected leave.
5. Explore effective options
Options might include changed start or end times, periodic breaks, a compressed or reduced schedule, temporary task timing changes, remote work where appropriate, leave, job restructuring, or reassignment to a vacant position. The employer may choose an effective alternative instead of the employee’s preferred option, depending on the facts and law.
6. Assess undue hardship with specific evidence
Document the operational or financial impact rather than relying on generalized inconvenience. Relevant issues may include essential coverage, safety, workflow, cost, duration, available resources, and whether another effective accommodation would reduce the impact.
7. Implement, communicate, and review
Document the arrangement, effective date, schedule, responsibilities, confidentiality boundaries, review date, and how changes will be raised. A review date is not an automatic expiration; it creates a planned opportunity to evaluate effectiveness and updated circumstances.
Current EEOC Guidance on Modified Schedules
The EEOC’s current reasonable-accommodation guidance states that a modified or part-time schedule may be required absent undue hardship. Its small-employer guidance gives examples including adjusted arrival or departure times, periodic breaks, changes to task timing, and leave.
Employers should separately evaluate the Family and Medical Leave Act when it applies. The EEOC guidance notes that ADA and FMLA rights can overlap but must be analyzed under each statute’s requirements. Pregnancy-related limitations may also require review under the Pregnant Workers Fairness Act and applicable state law.
Performance Management During an Accommodation
An accommodation does not require an employer to remove essential functions or lower consistent production or conduct standards. It may change how, where, or when work is performed. Managers should give accurate, timely feedback tied to observable work and avoid praising performance while privately documenting an unexplained conclusion that the arrangement is failing.
| Appropriate documentation | Problematic approach |
|---|---|
| Which essential duty, deadline, service level, or coverage need is affected. | “This is a full-time job, so part time never works.” |
| What support or alternative was discussed. | Assuming the employee cannot perform because of a diagnosis. |
| Specific examples and dates shared with the employee. | Withholding concerns until termination or denial. |
| Review dates and changes in medical or operational information. | Treating a temporary arrangement as either permanent or automatically revocable. |
Common Modified-Schedule Mistakes
- Using “full time” as the only explanation for denying a reduced schedule.
- Relying on an outdated job description that does not reflect actual duties.
- Failing to recognize an informal accommodation request.
- Requesting broad medical records rather than limited relevant documentation.
- Skipping discussion of alternative effective accommodations.
- Making an interim arrangement without documenting its terms or review process.
- Applying performance standards inconsistently or failing to communicate concerns.
- Analyzing ADA, FMLA, PWFA, and state-law obligations as if they were interchangeable.
- Promising confidentiality that cannot be maintained during a fair review.
About the Original Contributor
Natalie Sanders, Doctor of Jurisprudence, is a Senior Consultant with JER HR Group and an experienced workplace professional. She began practicing law defending employers in harassment and discrimination litigation and administrative proceedings before the EEOC. She founded Professional Business Cultures, LLC to support more professional, equitable workplaces and is a speaker, trainer, and consultant to organizational leaders.
Employers reviewing job descriptions, accommodation processes, or manager documentation can contact JER HR Group. If an EEOC charge has already been filed, see the separate guide to responding to an EEOC charge.
This article provides general information and historical case context, not legal or medical advice. Accommodation requirements depend on current law, jurisdiction, employer coverage, and specific facts. Consult qualified counsel for legal decisions.
