Imagine being injured at work or diagnosed with a medical condition that limits what you can do. You want to get back to your job, but suddenly you’re faced with a difficult question—what happens if my employer cannot accommodate work restrictions?
This situation can feel overwhelming, but you’re not alone. Employees across industries encounter this exact challenge.
The law provides protections, but the process can feel like walking through a maze without a map. In this Freeburg & Granieri APC guide, we’ll break things down in a simple, straightforward way, so you can clearly understand your rights and options.
Work restrictions aren’t roadblocks—they’re safety measures. They ensure you can return to work without risking further injury or worsening your condition.
Work restrictions also provide clarity to both you and your employer about what you can safely do. Think of them as guardrails on a road—they prevent accidents and keep you moving forward in the right direction.
Employers play a critical role in creating an environment where employees can continue to contribute meaningfully, even with limitations.
That means offering modified duties, flexible schedules, or even temporary reassignment. A supportive employer doesn’t just protect your health—they protect the overall well-being of the workplace.
Work restrictions are limitations set by a medical professional that describe what you cannot safely perform at work. They can be temporary, lasting only until you heal, or permanent, if your condition is long-term.
Work restrictions depend on your specific injury or medical condition and what your medical provider believes is best for you.
Doctors, specialists, and sometimes independent medical examiners decide on restrictions after evaluating your medical condition. Their role is to protect your health while allowing you to remain as productive as possible.
Under California’s Fair Employment and Housing Act (FEHA) and federal law, employers must provide reasonable accommodations unless doing so causes undue hardship. This means they must explore all options to keep you working safely.
Employers must engage in a good-faith dialogue with you. This is known as the “interactive process,” where both sides work together to identify possible accommodations.
The Americans with Disabilities Act (ADA) and FEHA require employers to balance your medical needs with business operations. If they ignore this duty, they may face legal consequences.
Sometimes, employers simply don’t have alternate positions available. For example, if every role requires heavy lifting, modified duties may be impractical.
If accommodating restrictions would cause significant financial or operational strain, employers may be legally excused from providing accommodations.
Accommodations cannot eliminate the core responsibilities of your role. For example, a firefighter cannot be excused from physically responding to emergencies because that is an essential function of the job.
If no work is available, you may qualify for disability benefits or job-protected leave. However, an employer does not have to provide paid leave. Instead, it is up to the employee to see if they qualify for wage replacement benefits..
Your employer cannot retaliate against you for requesting accommodations or asserting your rights. If they do, you have legal remedies available.
If your employer ignores their legal obligations, you may file a claim for discrimination or wrongful termination.
If your employer cannot offer modified duty from your workplace injury, workers’ compensation often covers lost wages through temporary disability benefits.
When restrictions are long-term, permanent disability benefits may come into play, helping you cover lost income if you cannot return to your job.
In some cases, retraining programs may prepare you for a new role or career when your old job is no longer an option.
You may qualify for leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). These allow time to heal without losing your job. For complex situations, it's always wise to consult with experienced legal professionals like those at Freeburg & Granieri APC.
At the expiration of 12-weeks of protected leave if you still cannot return to work, then you need to engage in a good faith interactive process with your employer to discuss additional unpaid leave as an accommodation option.
If workers’ compensation doesn’t apply, California’s State Disability Insurance (SDI) program can provide partial wage replacement.
State programs may fund retraining if you can no longer perform your original job duties. This can open doors to new careers.
Failure to accommodate an employee’s work restrictions without valid justification can trigger costly discrimination claims.
If you’re fired simply because of your restrictions, your employer may face wrongful termination lawsuits.
California imposes fines, penalties, and legal fees for employers who ignore accommodation laws.
Both sides must actively participate in finding workable solutions. Ignoring requests or failing to respond can break the law.
Written records protect both employees and employers. Documentation ensures accountability throughout the process. If there are conflicting medical notes, then it is up to the employer to send an injured employee to a fitness for duty test so a neutral medical professional can evaluate what an employee physically can do.
If it is clear that an employee cannot return to the position they held, then the employer needs to engage with the employee in an alternative job search. The employer needs to provide a list of all open and available positions which the employee meets the minimum qualifications. The injured employee is entitled to preferential placement into an open position (this might vary if the employee is part of a union). The employee is not entitled to a promotion.
If either party refuses to participate, legal consequences may follow, often in the form of lawsuits or agency complaints. Employees cannot assume that their employer has the necessary information - the employee is responsible for directly communicating with their employer and providing reasonably requested information.
These often lead to restrictions like no heavy lifting, limited reaching, or ergonomic adjustments.
Restrictions may include reduced hours, stress management breaks, or the ability to work remotely.
Conditions like diabetes or autoimmune diseases may require flexible schedules or time off for treatment.
At Freeburg & Granieri, APC, we understand that when your employer fails to accommodate your restrictions, it can feel like you’re facing the system alone.
Here’s what sets us apart:
Our office is open Monday to Friday, from 8:00 am to 5:00 pm.
Don’t let your legal issue be treated like a transaction. At Freeburg & Granieri, we’ll handle your case with the care, attention, and advocacy it deserves.
Open dialogue prevents misunderstandings and builds trust between employees and employers.
HR professionals act as mediators between employee needs and business goals, ensuring compliance and fairness.
So, what happens if my employer cannot accommodate work restrictions? The answer depends on your condition, your job, and the employer’s obligations.
You may be entitled to disability benefits, job-protected leave, or even retraining opportunities. Employers, on the other hand, risk legal claims if they mishandle the process. This is where the expertise of Freeburg & Granieri APC becomes invaluable.
At the end of the day, knowledge is power. Understanding your rights ensures you’re never left unprotected when life takes an unexpected turn.
Not automatically. Employers must prove accommodations that are possible without undue hardship. Otherwise, termination may be unlawful.
You may qualify for workers’ compensation benefits, state disability insurance, or temporary disability payments. However, it is not your employer’s obligation to make sure you are paid.
Typically an eligible employee is entitled up to 12 weeks of job-protected leave under FMLA/CFRA. But an employer can grant an employee additional unpaid leave as a reasonable accommodation.
Yes. Mental health conditions are treated the same as physical disabilities under FEHA and ADA.
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