When two or more people come together to form a business, they often focus on things like profit-sharing, job responsibilities, and ownership percentages. What sometimes gets overlooked are the day-to-day realities each partner brings to the table — especially if one has a chronic medical condition. For individuals managing fluctuating health, the structure of a partnership agreement becomes more than just a formality. It’s a tool for stability and clear expectations. A business formation lawyer can draft agreements that work for both the short term and the future, accounting for different needs, including health. If one partner occasionally needs more time off, a way to temporarily shift responsibilities can be built into the agreement. This approach helps protect the working relationship and the business itself by reducing misunderstandings before they start.

This blog is thanks to our friends at Volpe Law LLC.

Building In Flexibility Without Creating Gaps

An autoimmune disorder may cause unpredictable changes in energy, mobility, or availability. Rather than leaving these issues unspoken or hoping they won’t come up, it’s better to talk openly about how the business will function if one partner needs time to recover or reduce their hours. These conversations might feel awkward at first, but they can lead to stronger agreements and better planning. It is also important as partners to discuss this so you are both aware of when your working schedule will be.

Operating agreements can include terms that allow for temporary coverage, shared decision-making, or a short-term delegation of duties. This structure helps avoid friction between partners and gives the person experiencing health challenges room to manage their condition without putting added pressure on the business.

Protecting The Business With Thoughtful Language

It’s not just about what happens if a partner gets sick — it’s also about what happens if a health condition limits someone’s ability to meet their obligations long term. Planning for those scenarios early helps both partners avoid legal conflict or confusion later. It’s good to plan for something that might happen to both sides, not just one.

Well-drafted documents can outline when and how a partner may take a health-related leave, how responsibilities shift during that time, and what kind of notice or communication is expected. These terms should be practical and written in a way that works for everyone, not just based on legal templates or guesswork.

Attorneys can attest to how much easier it is to solve problems when the agreement already includes clear guidance for these situations.

Business Structure Is Only Part Of The Picture

While the legal setup of the business — whether it’s an LLC, partnership, or corporation — matters, the internal agreements are where the flexibility and protection really live. That’s especially true for founders with health difficulties, who may need periods of adjustment during flare-ups or treatment.

Making space in the agreement for health-related leave, modified duties, or phased returns to work is not just a health issue — it’s a business decision. It supports the long-term success of the partnership by creating a sustainable work environment that respects the needs of everyone involved. It is important to start your business off on the right foot, so discussing this up front is to the benefit of all parties involved.

If you or your business partner are forming a business and health is part of the picture, a thoughtful agreement matters. Reach out to Volpe Law LLC for guidance on forming your business with the right structure and agreements to match your needs.

Scroll to Top