Is My Employer Required to Accommodate Child Care Needs?

While employers generally are not required to provide accommodations for routine child care needs, some employers may choose to offer flexibility to help employees manage their family responsibilities.

Cathleen Scott, board-certified employment attorney, explains when child care needs may require an employer to provide leave or other workplace accommodations, and when those requests are left to the employer’s discretion.

Are Employers Required to Accommodate Child Care Needs?

Generally, child care responsibilities do not create a legal right to accommodations such as a flexible schedule, remote work, or time off simply because an employee needs to care for a child. Employers may choose to offer these accommodations, but they are generally not required to do so under federal employment law solely because of an employee’s child care needs.

There are, however, situations where an employee may have additional legal protections. For example, if a child has a serious health condition that qualifies under the Family and Medical Leave Act, an eligible employee may be entitled to take FMLA leave to care for that child. Other federal or state laws may also provide additional protections depending on the circumstances.

It is also important to distinguish between an employer’s ability to deny a child care request and discrimination based on an employee’s caregiving responsibilities. While employers generally do not have to accommodate routine child care needs, they cannot discriminate against employees because of caregiving responsibilities when that treatment violates applicable anti-discrimination laws.

Be Respectful When Asking for Optional Accommodations

If your child care needs require a change to your work schedule, additional time off, or another accommodation that is not legally required, how you approach the request can make a difference.

Be respectful and explain your situation clearly. An employer may be willing to work with you, even when it is not legally required to do so. At the same time, employees should understand that an employer may also have legitimate business reasons for denying the request.

The bottom line: not every child care issue requires an employer to provide an accommodation, but that does not mean employees are without legal protections. The circumstances surrounding the request, and the reason for the accommodation, matter.