Reasonable Adjustments and Disability-Related Leave Explained

Reasonable adjustments and disability-related leave refers to modifications an employer must make to absence management policies, triggers and procedures for employees with disabilities. Under the Equality Act 2010 in the UK and equivalent legislation in other jurisdictions, employers have a duty to make reasonable adjustments to ensure that disabled employees are not placed at a substantial disadvantage compared to non-disabled employees. This includes adjusting absence triggers when disability-related absences are causing the employee to reach thresholds that would trigger disciplinary action.

Key Takeaways

• Employers must adjust absence triggers to exclude disability-related absences under the Equality Act 2010
• Failure to make reasonable adjustments for disabled employees can result in discrimination claims at tribunal
• Adjustments should be individualised, documented and reviewed regularly

What Are Reasonable Adjustments for Leave?

Reasonable adjustments for leave are changes an employer makes to its absence management policies, procedures or triggers to ensure that a disabled employee is not disadvantaged by their disability. The most common adjustment is to modify absence triggers so that disability-related absences are not counted towards thresholds that would lead to formal action, such as warnings or dismissal.

For example, if an employer’s absence policy states that an employee will receive a formal warning after six instances of absence in a 12-month period, a disabled employee whose disability causes additional absences may reach this threshold more quickly than a non-disabled employee. The employer must consider whether adjusting the trigger — for example, by increasing the threshold or excluding disability-related absences from the count — is a reasonable adjustment.

The duty to make reasonable adjustments is triggered when the employer knows or ought reasonably to know that the employee has a disability and is being placed at a substantial disadvantage by the absence management policy. The employer does not need to wait for the employee to request an adjustment — the duty arises as soon as the employer is aware of the disability and the disadvantage.

Reasonable adjustments can also include modifying the return-to-work interview process, providing flexible working arrangements, adjusting attendance requirements, and adapting the workplace or duties to reduce disability-related absence. The key principle is that the adjustment must be effective in overcoming the disadvantage and must not impose a disproportionate burden on the employer.

Who Is Entitled to Reasonable Adjustments?

United Kingdom

Under the Equality Act 2010, the duty to make reasonable adjustments applies to all employers with one or more employees. A disabled person is defined as someone with a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. If an employee meets this definition and their disability-related absences are causing them to reach absence triggers, the employer must consider reasonable adjustments.

The duty is anticipatory — employers should proactively identify and address potential disadvantages rather than waiting for a formal request. Failure to make reasonable adjustments is a form of discrimination under the Equality Act 2010 and can result in compensation at an employment tribunal.

Australia

Under the Disability Discrimination Act 1992, employers must make reasonable adjustments for employees with disabilities. This includes adjustments to absence management policies. The Australian Human Rights Commission provides guidance on reasonable adjustments in the workplace, including for disability-related absences.

United States

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to qualified employees with disabilities. This can include modifying attendance requirements, adjusting work schedules, and making exceptions to absence policies when the absences are related to the employee’s disability. The ADA requires an interactive process between the employer and employee to identify appropriate accommodations.

Reasonable Adjustments by Country

Country	Legislation	Duty	Key Detail
UK	Equality Act 2010	Duty to make reasonable adjustments	Applies to all employers with one or more employees
AU	Disability Discrimination Act 1992	Duty to make reasonable adjustments	Australian Human Rights Commission provides guidance
US	Americans with Disabilities Act	Duty to provide reasonable accommodations	Interactive process required

How to Request Reasonable Adjustments

1. Disclose the disability — inform your employer that you have a disability that is contributing to your absence. You are not required to provide detailed medical information, but sufficient information to understand the nature of the disability is helpful.
2. Explain the disadvantage — describe how the current absence management policy disadvantages you because of your disability.
3. Suggest adjustments — propose practical adjustments that would overcome the disadvantage, such as excluding disability-related absences from triggers.
4. Provide medical evidence if requested — employers may request medical evidence confirming the disability and its impact on attendance.
5. Engage in the interactive process — work with your employer to identify appropriate adjustments that are reasonable and effective.

Employer Obligations for Reasonable Adjustments

• Anticipate the duty — employers should proactively identify where absence policies may disadvantage disabled employees
• Adjust absence triggers — exclude disability-related absences from absence management thresholds where this is a reasonable adjustment
• Document the adjustments — record the adjustments agreed and review them regularly
• Train managers — ensure line managers understand the duty to make reasonable adjustments and how to implement them
• Do not penalise employees — it is unlawful to take disciplinary action for disability-related absences that have not been adjusted for

Common Mistakes

• Applying standard absence triggers to disabled employees without considering adjustments
• Requiring employees to disclose detailed medical information before making adjustments
• Treating disability-related absences as equivalent to other absences in performance or absence reviews
• Failing to document the adjustments, leading to inconsistency and potential discrimination claims
• Waiting for the employee to formally request adjustments rather than acting proactively

FAQ

What are reasonable adjustments for leave?

Reasonable adjustments for leave are modifications an employer makes to absence management policies for disabled employees. The most common adjustment is to exclude disability-related absences from absence triggers, ensuring the employee is not disadvantaged by their disability.

Do I have to tell my employer about my disability?

You are not legally required to disclose your disability, but the duty to make reasonable adjustments is only triggered when the employer knows or ought to know about the disability. Informing your employer allows them to fulfil their legal obligations and make appropriate adjustments.

Can my employer dismiss me for disability-related absences?

Dismissing an employee for disability-related absences without first making reasonable adjustments is likely to be discrimination under the Equality Act 2010. Employers must explore all reasonable adjustments before considering dismissal.

How do I know if my adjustment is reasonable?

An adjustment is reasonable if it is effective in overcoming the disadvantage, practical to implement, and does not impose a disproportionate burden on the employer. Factors such as the cost of the adjustment, the size of the employer and the effectiveness of the adjustment are all relevant.