In some cases, regular attendance at work constitutes an essential job function. If an employee’s job requires face-to-face customer contact, allowing that employee to work from home isn’t a reasonable accommodation.1

Regular attendance may be an essential function for jobs that require:

The employee to work as part of a team.
Face-to-face interaction with other employees or with clients/customers.
On-site use of items and equipment.

Exceptions do exist, and employers bear the burden of showing that attendance is an essential function of the position at issue.

In one case, the Ninth Circuit Court of Appeals ruled that the ADA doesn't require a hospital to reasonably accommodate a neonatal nurse's request to “opt out” of its attendance policy. The nurse never requested a specific number of unplanned absences but simply wanted to be able to miss work when she needed to. The employer, however, provided evidence that attendance was an essential function of the neonatal nurse position opting out of the attendance policy wasn't reasonable and potentially compromised patient safety.2

For more information on extended disability leave and the interactive process, see Extended Disability Leave as a Reasonable Accommodation.

You can’t count days off as attendance policy violations if they’re protected under a state or federal law.

1. Nesser v. Trans World Airlines, Inc., 160 F.3d 442 (8th Cir. 1998)

2. Samper v. Providence St. Vincent Medical Center, 675 F.3d 1233 (9th Cir. 2012)

Reasonable Accommodation of Disabilities

Attendance and Accommodation

Reasonable Accommodation of Disabilities