What is the NBA hardship exception? Explaining the rules, 10-day contracts for signing replacement players

Scott Rafferty

What is the NBA hardship exception? Explaining the rules, 10-day contracts for signing replacement players image

The Bulls have been dealing with a limited roster lately.

In addition to sophomore Patrick Williams being out indefinitely with a wrist injury, the Bulls have had most of their team enter the NBA's COVID-19 health and safety protocols over the last few weeks, including Zach LaVine and DeMar DeRozan. It's led to two of their games being postponed.

MORE: NBA's COVID-19 health and safety protocols, explained

With multiple players sidelined, the Bulls added two players in Alfonzo McKinnie and Stanley Johnson via the league's hardship exception in the second week of December. Since then, they've added two more players on hardship deals in Mac McClung and Ersan Ilyasova.

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What is the NBA's hardship exception?

Here's how the hardship exception is explained in the NBA's Constitution and By-Laws:

In the event that the application of the provisions of these By-Laws pertaining to Player Lists and replacement of Players shall, in any particular case, cause extreme hardship, such provisions, upon application by the Member claiming hardship, may be waived or modified, and special rules may be invoked for the Member claiming such hardship; provided, however, that such provisions may only be waived or modified by the affirmative vote of a majority of the entire Board of Governors (the Governor representing the Member claiming hardship not voting). Notwithstanding the foregoing, in the event that a Member has three (3) Players on its Active List and/or Inactive List who are unable to perform playing services due to injury or illness and such Member has an additional Player who becomes unable to perform playing services due to injury or illness, it may substitute a Player in his stead after the following has occurred:

  • (a) each of the three (3) injured or ill Players and the additional injured or ill Player has missed a minimum of three (3) consecutive games due to injury or illness; and
  • (b) the Commissioner’s Office has determined, through an independent physician, if necessary, that at the time the replacement Player is signed, each of the three (3) injured or ill Players on the Member’s Active and/or Inactive List, and the additional injured or ill Player, will continue to be unable to perform playing services due to injury or illness.

The Commissioner, in his sole discretion, may permit a Member to replace additional injured or ill Players on that Member’s Active List or Inactive List. 

In simpler terms, the hardship exemption is a temporary roster spot that allows teams to exceed the 15-man roster limit in times of need (multiple players being out because of injury or illness). Temporary is the keyword. As explained by cap expert Danny Leroux, "When one of the four players can return to action, the 15-player roster limit comes back into effect and the team must comply with it immediately."

How NBA teams have used the hardship exception

In the case of the Bulls, with multiple players out for an extended period of time, they were allowed to sign McKinnie, Johnson, McClung and Ilyasova without having to cut or waive anyone on their roster.

Many other teams are currently dealing with COVID-19 outbreaks and have used the hardship exception to ensure they have enough players to play games.

Notable players who have signed hardship deals

  • Lance Stephenson, Hawks
  • CJ Miles, Celtics
  • Isaiah Thomas, Lakers
  • Langston Galloway, Nets
  • Ersan Ilyasova, Bulls

Scott Rafferty

Scott Rafferty Photo

 

Scott Rafferty is an experienced NBA journalist who first started writing for The Sporting News in 2017. There are few things he appreciates more than a Nikola Jokic no-look pass, Klay Thompson heat check or Giannis Antetokounmpo eurostep. He's a member of the NBA Global team.