Though illiteracy is not a disability, employers with 25 or more employees must reasonably accommodate and assist an employee who reveals a problem of illiteracy and requests assistance.3

Assistance might include providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the workplace.4 The law does not require you to provide a paid leave of absence for someone who requires assistance in enrolling in an adult literacy education program.5 However, if an employee needs time off from work to attend classes or seek other assistance, and that time off does not impose an undue hardship on you, strongly consider providing the employee with unpaid time off from work.

The time off can be unpaid for nonexempt employees, although they could use any vacation or PTO available to them. An exempt employee must be paid for any day in which they perform any work, but deductions can be made from salary for a complete day of absence. When absent for a complete day, the exempt employee could use any vacation or PTO available. Time off to seek literacy assistance should not impact the employee’s benefits or right to return to work. If you require the use of paid time off, notify the employee of this requirement and maintain a policy that requires the use of paid time off for all similar types of absences.

1. Lab. Code sec. 1042