If you’ve ever felt like your workplace isn’t set up to help you thrive—whether because of a disability, mental health, or even family responsibilities—you’ve got rights! In New Zealand, the law says your employer has to make “reasonable accommodations” so you can do your job without unnecessary stress.
We’re talking about things like flexible hours, working from home, ergonomic gear, or extra breaks. It’s about making work doable for everyone, not just those who fit the typical 9-to-5 mold. This guide breaks down how to ask for what you need, with real-life examples of how it works, and helps you figure out when to push for more support.
Employers also benefit from upskilling and creating a workplace that actually supports everyone. Let’s keep it simple and clear—because everyone deserves a shot at doing their best work, no matter what.
Reasonable Work Accommodations in New Zealand
Legal Basis:
Under the Human Rights Act 1993 and Employment Relations Act 2000, all employees in New Zealand have the right to reasonable accommodations to ensure they can perform their job effectively. Employers must not discriminate based on disability, neurodiversity, mental health conditions, or personal circumstances and must provide accommodations unless doing so would cause undue hardship.
Human Rights Act 1993: “It shall be unlawful for any employer to discriminate against any employee on the basis of disability or illness, unless the employee cannot perform the job safely or adequately even with reasonable accommodations.” – Human Rights Act, Section 22.
Employment Relations Act 2000: “Employers must, in good faith, consider all requests for flexible working arrangements, and cannot unreasonably refuse such requests if the employee’s needs are justified.” – Employment Relations Act, Section 69AAF.
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Your Rights:
Right to Reasonable Accommodations: You are entitled to adjustments that enable you to perform your work tasks, including flexible hours, remote work options, or modifications to tasks.
Right to Non-Discrimination: Employers cannot refuse to hire, fire, or disadvantage you because of a disability, mental health condition, or other needs.
Right to Confidentiality: Employers must keep your health and accommodation requests private and only share them with those directly involved in implementing them.
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Employers’ Rights:
Right to Ask for Documentation: Employers can request medical or professional documentation to support your accommodation request.
Right to Refuse Unreasonable Requests: Employers may refuse an accommodation if it would cause “undue hardship,” meaning significant financial cost or operational disruption.
Right to Manage Business Operations: Employers can still make decisions about overall business operations as long as they follow legal requirements and don’t unfairly deny accommodations.
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How to Ask for Accommodations:
Timing Is Key: Ideally, ask for accommodations when you feel safe and the need arises. You aren’t required to disclose anything unless you are requesting an accommodation.
Disclose Only What’s Necessary: You don’t need to provide all personal details—only what’s relevant to the accommodation.
How to Approach the Employer: Be respectful and clear about your needs. Explain how the accommodations will help you perform your job.
If They Are Supportive:
“I appreciate your willingness to help. Let’s work together to figure out the best way to make these adjustments.”
If They Are Unsupportive or Combative:
“The law requires that reasonable accommodations are made to allow me to perform my job. I’m happy to provide additional information or involve a mediator if needed.”
Provide Supporting Information: If necessary, provide a doctor’s note or relevant documentation to back up your request.
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How to Spot Discrimination:
Red Flags Include:
Your accommodation request is dismissed without consideration.
Your employer denies accommodations without a valid explanation of “undue hardship.”
Changes in how you’re treated after disclosing your condition or requesting accommodations (e.g., reduced hours, negative feedback).
If you spot any of these signs, document everything (emails, meetings) and seek legal advice or contact a union.
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Common Sense Workplace Accommodations:
1. Flexible Working Hours: Adjust your start and finish times to fit your personal needs.
2. Remote Work Options: Work from home full-time or part-time, especially if commuting is difficult.
3. Adjusted Workload: Request a reduced or more manageable workload during periods of high stress or if your condition requires frequent breaks.
4. Ergonomic Equipment: Specialized chairs, desks, keyboards, or monitors.
5. Regular Breaks: More frequent or longer breaks to manage fatigue, mental health, or physical needs.
6. Assistive Technology: Screen readers, speech-to-text software, or other technology.
7. Quiet Workspaces or Noise-Canceling Headphones: If noise affects your focus, ask for a quieter environment.
8. Clear and Consistent Feedback: Structured, written feedback and task lists to help clarify work expectations.
9. Mental Health Days: Regular mental health days or flexible time off to manage stress.
10. Mentorship or Peer Support: Support from a mentor or colleague.
11. Change in Job Duties: Modification of your job role or tasks.
12. Training for Colleagues: Request that your employer provide neurodiversity or mental health training for colleagues.
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Working from Home Accommodations:
Flexible Hours: Adjusting work hours to suit personal productivity or family needs.
Technology Support: Ensuring access to required tools and communication platforms for remote work.
Structured Feedback and Check-Ins: Regular, clear feedback and meetings to ensure remote work productivity and well-being.
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Additional Reasons for Needing Workplace Accommodations:
Parental Leave: Flexible hours for new parents, breastfeeding breaks, or work-from-home options.
Grief or Bereavement Leave: Time off or reduced workloads when dealing with loss, especially for tangihanga (Māori grieving practices).
Cultural or Religious Holidays: Accommodating flexibility for cultural or religious observances.
Mental Health Respite: Offering time off to manage mental health or address stress.
Other: Medical appointments, unexpected caregiving responsibilities, or emergencies.
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Examples of How Accommodations Could Work:
1. Remote Work for ADHD:
Request: “I’d like to work from home 3 days a week because the office environment is overstimulating, which affects my focus and productivity.”
Outcome: The employer allows remote work, with a weekly check-in to track performance and any adjustments needed to ensure the employee remains engaged.
Accommodation Provided: Remote work option, with structured feedback and regular virtual meetings.
2. Flexible Hours for Anxiety:
Request: “My anxiety is worse in the mornings, so I’d like to start work at 10 a.m. instead of 8 a.m., which will allow me to be more productive.”
Outcome: The employer agrees to flexible start and end times as long as the employee’s work is completed and they attend important meetings.
Accommodation Provided: Flexible start and end times, with agreed-upon deadlines for tasks.
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Step-by-Step Checklist for Requesting Accommodations
1. Understand Your Rights: Review the Human Rights Act and Employment Relations Act. Know that you are entitled to reasonable accommodations.
2. Identify Your Needs: Be clear on what accommodations you need and how they will help you do your job effectively.
3. Talk to Your Employer: Request a meeting or write an email explaining your needs. Be clear, respectful, and document everything.
4. Provide Supporting Information: If necessary, provide documentation from a doctor or other professional.
5. Keep a Record: Document all communication, including emails, meetings, and responses from your employer.
6. Request Mediation if Needed: If discussions break down or you face resistance, request mediation.
7. Seek Support if Denied: If mediation fails or accommodations are denied without proper reason, contact a union, legal services, or the Human Rights Commission.
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Mediation: When to Ask and How to Do It
If you’ve tried to resolve accommodation requests with your employer but are facing resistance, or if the conversation becomes combative, mediation might be the next step.
When to Ask for Mediation:
If discussions have stalled or become negative.
If you feel your concerns are not being taken seriously.
If your accommodation request has been denied without reasonable explanation.
How to Request Mediation:
Approach your HR department or employer and explain that you believe a neutral third party could help facilitate a fair solution. For example: “It seems like we’re not reaching an agreement, and I believe mediation could help us work through this constructively.”
You can also contact Employment Mediation Services directly if you feel unsafe or unsupported by HR.
What a Mediator Does:
A mediator is a neutral party who listens to both sides, identifies the issues, and helps facilitate a resolution. They don’t take sides but instead work toward a fair outcome.
Mediation is confidential and aimed at resolving disputes in a way that satisfies both parties without the need for formal legal action.
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Cultural Considerations for Māori:
Respect for Tikanga Māori: Workplaces should allow space for cultural practices such as karakia (prayers), tangihanga (bereavement leave for tangi), or marae visits.
Culturally Responsive Communication: Employers should acknowledge Māori protocols and ways of working, ensuring cultural safety.
Holistic Well-being (Whānau, Hauora): Acknowledging that well-being involves the whole person and their whānau, and providing accommodations that reflect this interconnected view.
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Upskilling Employers and Colleagues:
It’s important that workplaces don’t just accommodate but also learn and grow. Employers should:
Offer Training: Provide training on neurodiversity, mental health, and disability accommodations. This benefits everyone and creates an inclusive culture.
Update Workplace Protocols: Implement new practices or systems to ensure that future accommodation requests are handled fairly and respectfully. This helps ensure all employees feel safe and supported.
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Glossary of Terms:
Reasonable Accommodations: Adjustments to your work environment or duties to allow you to perform your job effectively without disadvantage due to disability or other factors.
Undue Hardship: When providing accommodations would cause significant financial or operational difficulty for the employer.
Neuroaffirming: An approach that respects and supports neurodiverse ways of thinking and processing information.
Mediation: A neutral party (mediator) helps resolve disputes between an employee and employer.
Grievance: A formal complaint raised by an employee if they believe they’ve been treated unfairly.
Tikanga Māori: Māori customs and traditions that guide daily life and practices, particularly around important cultural events like karakia and tangihanga.
Whānau: Family, but in a holistic sense that can include extended family and close community relationships.
Hauora: A Māori philosophy of health that encompasses physical, mental, emotional, and spiritual well-being.
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Resources and Support Links for New Zealand:
1. Employment New Zealand – Flexible Working Arrangements
https://www.employment.govt.nz/resolving-problems/steps-to-resolve/flexible-working-arrangements/
Why: This page explains how you can request flexible working arrangements, including working from home. It outlines your rights and the process for making formal requests for remote work as an accommodation.
2. WorkSafe NZ – Health & Safety for Home-based Work
https://www.worksafe.govt.nz/topic-and-industry/working-from-home/
Why: This guide covers how to set up a safe and productive workspace at home, ensuring that employers understand their responsibilities to provide a safe work environment, even remotely.
3. Mindful Employer NZ – Remote Work Guide
https://mindfulemployer.org.nz/
Why: Mindful Employer NZ offers insights into remote work best practices for employers and employees, focusing on mental health and neurodiversity. It’s helpful for making sure your employer understands how remote work can benefit neurodiverse workers.
4. Workbridge – Remote Work Support
https://workbridge.co.nz/
Why: Workbridge provides support and funding for people with disabilities to find and keep employment. They can help with tools, resources, and financial support to accommodate disabilities in the workplace, including for remote work setups.
5. Community Law NZ
https://communitylaw.org.nz/
Why: Provides free legal advice and support for employment disputes, human rights issues, and understanding your legal protections around workplace accommodations. They can help if you need legal advice or mediation.
6. New Zealand Council of Trade Unions (NZCTU)
https://www.union.org.nz/
Why: Unions can support you in requesting accommodations and protect your rights if your employer pushes back. NZCTU can help you find the right union for your industry and situation.
7. Human Rights Commission NZ
https://www.hrc.co.nz/
Why: Offers support for discrimination cases, including workplace accommodations and disability rights.
8. Citizens Advice Bureau NZ
https://www.cab.org.nz/
Why: CAB provides free advice and guidance on a range of issues, including employment rights and workplace accommodations.
Jenn has ADHD 