Question: One of my employees has asked to arrive later and leave earlier so they can drop off and pick up their child from school. I want to help, but those are some of our busiest hours. Am I legally required to accommodate their childcare schedule?
The legal side: Usually not. Routine school drop-off, pickup, and daycare conflicts generally do not give an employee a federal right to a different work schedule. But make sure the request does not involve protected leave, a child’s serious health condition, or state or local laws before you answer.
The human side: This is where things get harder. You want to keep good employees, and their childcare problem is real. But allowing someone to arrive late or leave early may simply transfer the problem to the owner, coworkers, and patients.
Look for a workable middle ground. Could the employee change their schedule on only certain days, adjust it by 20 minutes instead of an hour, or try a temporary arrangement while they look for another solution?
And remember that consistency does not always mean identical. A schedule change may work for a front-desk employee but not for a hygienist, PA, or medical assistant with scheduled patients. Treat similar situations consistently. When the circumstances are different, make sure you have a real business reason for the different decision.
If you approve an adjustment, make it temporary at first, put it in writing, and document how you will decide whether it is working. If you deny it, document that decision too.
HIGHLY recommended read for comprehensive solutions to the childcare question.
We cover the legal exceptions, practical alternatives, and documentation you need in our complete article: Do Employers Have to Accommodate Childcare Schedules?
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Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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