When should full rent be charged to a resident manager on disability?

Full question:

Resident manager receiving salary of $33,280.00 a year PLUS significant discount on her rent. Employee will be on disability due to surgery for 3 months.At what point do we start to charge her full rent if she no longer be working or on disability?

• Category: Employment
• Subcategory: Discrimination
• Date: 04/07/2025
• State: California

Answer:

The timing for charging full rent depends on the terms of the employment contract. Generally, if there is no employment or union contract, an employer can change employment terms at will, as long as it’s not for discriminatory reasons.

The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from employment discrimination. It applies to private employers, state and local governments, employment agencies, and labor unions. Employers with twenty-five or more employees have been covered since July 26, 1992, and those with fifteen or more employees since July 26, 1994. The ADA defines a disability as a physical or mental impairment that significantly limits one or more major life activities, such as working.

Whether the employee’s condition qualifies as a disability under the ADA is crucial. The employee must be able to perform essential job functions, with or without reasonable accommodations. Employers must provide reasonable accommodations for employees with disabilities, which may include leaves of absence or modifications in work policies.

However, employees must disclose their disability to receive protections under the ADA. They must also demonstrate that they need specific accommodations due to their disability. The employer is not obligated to provide accommodations that are unreasonable or that the employee does not need.

Before taking legal action, it’s advisable to evaluate your position and consider negotiating a solution with the employer, as many are willing to make reasonable accommodations to support employee performance.