Disabled employees who require maximum flexibility in their work schedules have received a show of support from the DC Court of Appeals in the recent decision of Solomon v. Vilsack, (No. 12-5123, 8/14), which held that a "maxiflex schedule" -- one that allows an employee to come in late, leave early and work late, as needed -- can be a reasonable accommodation for a disability so long as that person fulfills their weekly hours.
In Solomon, the plaintiff suffered from chronic depression and asked that the agency allow her to come to work late on certain days or leave early on other days, as her condition required, as long as all her work was completed properly and timely. The agency declined because it believed that a regular and predictable schedule is an essential function of all jobs. The district court sided with the agency, finding that Solomon's "maxiflex schedule" was unreasonable. The appeals court disagreed, reversed a grant of summary judgment, and sent the case back to the district court to go to trial.
We see many disabled people in our practice who need help adjusting their schedules both because they suffer from flare ups of their disabilities that are unpredictable and also because medications they take can cause unexpected side effects that impact their ability to work. The decision in Solomon should provide support to people who need maximum flexibility.
If you suffer from a disability at work and are having a hard time reaching agreement with your employer on a schedule or other reasonable accommodation, call the employment lawyers of Alan Lescht and Associates, P.C. at (202) 463-6036, for help. We have handled hundreds of disability cases and surely will be able to help you as well.