Legal Question in Disability Law in California

Re: ADA leave

There is no universal answer to this question.

The California Fair Employment and Housing Act (FEHA) mandates on all employers with 5 or more employees to provide reasonable accommodations (with some limitations) to disabled workers. Reasonable accommodations may include changing schedule, working condition or providing leave of various durations. The length of such leave depends on the circumstance of a worker's disability, the size of the employer and its financial condition and a number of other factors.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco / Sacramento Employment Laywer

Re: ADA leave

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave when the employee is unable to work, or must care for an immediate family member, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact an attorney.