Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
If you employ staff (or you’re about to hire your first employee), you’ve probably heard the phrase “reasonable accommodations” come up in conversations about disability, health conditions, flexible work, and workplace fairness.
In practice, questions about reasonable accommodations in workplaces usually sound like this: “How quickly do we have to respond?” “What counts as ‘reasonable’?” “Do we have to agree to everything?” and “How do we document this properly without making things awkward?”
As a small business owner, you’re balancing business continuity, customer expectations, and payroll costs - while still meeting your legal obligations and treating people fairly. The good news is: you can absolutely do both, as long as you take a structured approach.
Below, we’ll walk you through the legal framework in New Zealand, what “reasonable” really means, the timelines you should aim for, and how to handle requests in a way that protects your people and your business.
What Are “Reasonable Accommodations” In Workplaces (In Plain English)?
“Reasonable accommodations” (also commonly described as workplace adjustments) are changes you make to help an employee (or job applicant) do their job safely and effectively, where they have a disability, injury, illness, mental health condition, or another relevant need.
Common examples of reasonable accommodations in workplaces include:
- Changes to hours (eg later start time due to medication side effects, reduced hours temporarily, flexible rostering)
- Changes to duties (eg swapping physically demanding tasks, modifying customer-facing duties temporarily)
- Changes to how work is done (eg extra breaks, written instructions instead of verbal, quiet workspace where possible)
- Physical adjustments (eg ergonomic chair, altered workstation setup, accessible entryways where practical)
- Support tools (eg assistive technology, modified software, a support person at meetings where appropriate)
Reasonable accommodations are rarely one “big” change. Often, they’re small practical adjustments that help you retain a good team member and keep your workplace running well.
Importantly: while New Zealand law does not set out a single, universal “reasonable accommodations” rule for every workplace, employers are generally expected to consider adjustments and engage in a fair process under overlapping employment, anti-discrimination, and health and safety obligations. That doesn’t mean you must agree to every request regardless of cost or operational impact.
Which NZ Laws Create Employer Obligations Around Reasonable Accommodations?
In New Zealand, obligations relevant to workplace adjustments don’t sit in a single “reasonable accommodations Act”. Instead, they come from overlapping duties in employment law, anti-discrimination law, health and safety law, and privacy law.
Human Rights Act 1993 (Disability Discrimination)
The Human Rights Act 1993 prohibits discrimination in employment on a number of grounds, including disability. “Disability” can include physical disability, psychiatric illness, intellectual disability, and other conditions.
From a practical perspective, this means you should be very careful about decisions like:
- refusing to hire someone due to a disability without properly assessing whether adjustments could enable them to do the role
- treating someone less favourably because they asked for adjustments
- ending employment without exploring viable adjustments first (where relevant)
Employment Relations Act 2000 (Good Faith)
Even where a request isn’t strictly about discrimination, the Employment Relations Act 2000 requires employers and employees to act in good faith. That includes being communicative, responsive, and not misleading each other.
So if an employee raises a need for workplace adjustments, a “no reply”, “we’ll see”, or “that’s not our problem” approach can create risk fast. A transparent and documented process is usually your safest path.
If you’re updating contracts or policies around how you handle adjustments, it’s also worth checking your Employment Contract and whether you need clearer workplace policy wording.
Health and Safety at Work Act 2015 (Safety Duties)
Your health and safety duties aren’t optional. Under the Health and Safety at Work Act 2015, you must ensure (so far as is reasonably practicable) the health and safety of workers while at work.
That can directly overlap with workplace adjustments, for example:
- an employee returning from injury may need modified duties to avoid re-injury
- an employee with anxiety may need adjustments to reduce psychosocial risks (eg workload or support changes)
- fatigue risks may require roster adjustments in certain industries
Privacy Act 2020 (Medical Information Handling)
To assess adjustments, you might need some health information - but you must handle it carefully. Under the Privacy Act 2020, you need to collect and use personal information fairly, store it securely, and limit access to those who genuinely need to know.
If you’re tightening up how you collect and store employee health information, having a clear Privacy Policy and internal handling process can help keep things consistent.
Timelines: How Quickly Should You Respond To Accommodation Requests?
One of the biggest pain points for small businesses is not knowing what timeline is “legally safe”. In most cases, the law doesn’t prescribe exact day-by-day deadlines. But it does expect you to act in good faith and respond within a reasonable timeframe.
To keep things simple (and practical), here’s a timeline framework many businesses adopt.
Step 1: Acknowledge The Request (Within 1–2 Business Days)
Even if you can’t provide an answer immediately, you should acknowledge the request quickly. This is a good faith step and helps prevent the situation escalating unnecessarily.
Your acknowledgement can be short and professional, like:
- confirm you received the request
- confirm you’ll look into options
- ask whether there’s any urgency or immediate risk
- suggest a time to discuss it
Step 2: Meet And Clarify What’s Needed (Within 5–10 Business Days)
In many cases, misunderstandings cause more trouble than the legal question itself. A short meeting can clarify:
- what impact the condition has at work (without demanding unnecessary medical detail)
- which duties are hard and why
- what adjustments the employee thinks would help
- what you can trial quickly
If the employee wants a support person, consider it - it can help keep the discussion constructive.
Step 3: Assess Options And Get Any Necessary Information (Usually 1–3 Weeks)
Some adjustments can be implemented immediately (eg different start time). Others need planning (eg equipment purchase, job redesign, training coverage).
If you genuinely need further information (for example, fitness-for-work guidance for safety-critical duties), collect only what you need and keep it confidential. In more complex cases, you may consider using a consent-based approach before contacting a treating practitioner (and limiting questions to functional capacity and workplace restrictions).
Step 4: Confirm Outcome In Writing And Set A Review Date (Within 2–4 Weeks, Where Possible)
Once you’ve decided:
- confirm what you’re agreeing to (or what you’re trialling)
- set a review date (eg 2 weeks or 1 month)
- document any limits (eg “for 6 weeks pending medical review”)
Getting this into writing protects both sides. It also prevents “moving goalposts” later when someone remembers the agreement differently.
Tip: if the changes are significant (for example, permanently changing duties or hours), you may be varying the employment terms. That’s a time to be careful - and to consider getting tailored advice rather than relying on informal emails.
What Does “Reasonable” Mean For Small Business Employers?
This is the heart of most issues around reasonable accommodations in workplaces. “Reasonable” isn’t a magic word - it’s a balancing exercise.
When deciding what’s reasonable, you’ll usually look at factors like:
- Effectiveness: will the accommodation actually address the problem?
- Practicality: can you implement it with your resources and systems?
- Cost: is the cost proportionate for your business size and the benefit gained?
- Workplace impact: does it unreasonably disrupt operations or create unreasonable workloads for others?
- Health and safety: does it keep everyone safe (including the employee)?
- Availability of alternatives: is there another adjustment that achieves a similar outcome with less impact?
For small businesses, “reasonable” often includes trialling a lower-impact adjustment first. For example, if an employee requests a full change in role, you might start by modifying certain duties, adjusting rosters, or adding supports - then reassess.
Also, keep in mind: being “reasonable” is about the process as much as the outcome. If you can show you listened, considered options, tested what you could, and documented your reasons, you’re in a far stronger position if a dispute arises.
A Practical Step-By-Step Process To Handle Requests (Without Creating Risk)
When you treat accommodation requests as an ad hoc favour, things can get messy quickly. A consistent process is usually easier for you and clearer for your team.
1) Encourage Early Disclosure (And Keep It Safe)
You don’t want employees feeling like they have to “push through” until something goes wrong. The earlier you know, the more options you typically have.
That said, employees may be hesitant - especially around mental health. A respectful tone and clear privacy boundaries go a long way.
2) Record The Request And The Key Dates
Keep a simple record of:
- date the request was made
- what was asked for
- meetings held and attendees
- information you relied on
- decision and reasons
- review date
This documentation becomes crucial if there’s later disagreement about what happened.
3) Explore Options (Don’t Lock In To The First Idea)
If you can’t do exactly what’s requested, explore alternatives. It’s usually safer to say:
- “We can’t do X, but we can trial Y for 4 weeks and review”
- “We can do X but only on certain shifts / days due to coverage requirements”
4) Think About The Whole Employment Relationship
Reasonable accommodations can intersect with other parts of employment management, including performance concerns, misconduct processes, and even business changes.
For example, if an accommodation request is tied to reduced capacity, you’ll want to be careful that performance discussions remain fair and evidence-based. If you’re making changes to hours or duties due to business needs, you’ll also want to handle the process properly (especially if it affects multiple staff) - the same “consult and document” approach usually applies.
5) Update Your Policies And Paperwork (So You’re Protected From Day One)
As your team grows, you’ll want the legal foundations in place so you can handle these situations consistently (and avoid accidental inconsistencies between employees).
Depending on your workplace, that might include:
- a clear process in your handbook or policies for requesting adjustments
- confidentiality expectations
- health and safety processes for return-to-work plans
- documentation templates for agreed adjustments
If you don’t have formal documents yet (or they’ve been cobbled together over time), it can be worth a refresh so you’re not relying on guesswork when a tricky situation lands on your desk.
Common Mistakes Employers Make (And How To Avoid Them)
Most reasonable accommodations in workplaces disputes don’t start with bad intentions - they start with rushed conversations and poor documentation. Here are common traps we see, and what to do instead.
Mistake 1: Ignoring The Request Because You’re Busy
Silence is rarely neutral. If you need time to assess options, acknowledge quickly and set a time to discuss.
Mistake 2: Asking For Too Much Medical Information
You generally don’t need someone’s full diagnosis history to assess workplace adjustments. Focus on functional impacts (what they can/can’t do at work) and what supports are needed. Collect information proportionately and store it securely.
Mistake 3: Making Changes Without Confirming Them In Writing
A quick verbal agreement can lead to confusion later - especially if managers change or rosters shift. Confirm adjustments in writing and set a review date.
Mistake 4: Treating “Fairness” As “Everyone Must Be Treated The Same”
Fairness in employment often means equitable treatment, not identical treatment. Different employees may need different supports to do the same job effectively and safely.
Mistake 5: Forgetting About Wider Legal Risks
Accommodation discussions often overlap with other legal areas. For example:
- If you’re managing employee information, privacy risks increase.
- If you change job duties or hours permanently, you might be varying employment terms.
- If someone is leaving the business, you’ll still need clean documentation around exit terms and final payments.
If you’re updating your people documents generally, having a properly drafted Workplace Policy framework (and ensuring it matches your employment agreements) can save a lot of headaches later.
Key Takeaways
- Reasonable accommodations in workplaces are practical adjustments that help employees do their job safely and effectively, without imposing unreasonable burden on the business.
- In New Zealand, requests for workplace adjustments commonly engage the Human Rights Act 1993 (anti-discrimination), the Employment Relations Act 2000 (good faith), and the Health and Safety at Work Act 2015 (safety duties), with privacy requirements under the Privacy Act 2020.
- Even without strict statutory deadlines, you should aim to acknowledge requests within 1–2 business days and work toward a clear written outcome (or trial plan) within 2–4 weeks where possible.
- “Reasonable” is a balancing exercise: effectiveness, practicality, cost, workplace impact, and health and safety all matter - and the process you follow is often just as important as the final decision.
- A consistent step-by-step process (acknowledge, meet, assess, decide, document, review) helps you support your team and reduces the risk of disputes.
- Don’t rely on informal arrangements or DIY templates for significant changes - employment documentation should match your business and your obligations.
Disclaimer: This article provides general information only and does not constitute legal advice. If you need advice about your specific situation, consider getting professional legal advice.
If you’d like help setting up the right employment documents and workplace policies (or guidance on handling a specific accommodation request), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
