Legal Question in Disability Law in California

My daughter was born with a genetic condition which causes her to occasionally have absence seizures. Her mother passed away about 11 months ago and I am now a single parent. While I was on leave from her mother passing away, my employer changed my work schedule on my return. Since returning to work on the new schedule and having to take time off on the days my daughter's condition flares up, I am needing to take more days off work than when I was on the previous schedule. I am wondering first, am I considered to have a disability if the parent of a child who has occasional absence seizures due to her genetic condition and second, would it be a reasonable accommodation to request a return to the previous schedule? I am an exempt employee of the company. Any information would be appreciated. Thanks.


Asked on 3/13/17, 9:14 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

First off, I am very sorry to hear of your loss and your current situation. Regarding your employment, you are likely considered as associated with someone with a disability, and your employer is required to provide you a reasonable accommodation for your own serious health condition or that of a family member, such as your daughter. That is pursuant to California's Fair Employment and Housing Act (FEHA) and the case of Luis Castro-Ramirez v. Dependable Highway Express. Such a reasonable accommodation could very well include returning to the prior schedule. Moreover, the California Family Rights Act (CFRA) gives an employee the right to take up to 12 weeks of medical leave to care for themselves or an immediate family member (such as your daughter). That 12 weeks does not have to be consecutive and can be considered on an "intermittent" basis.

Your employer should sit down and have a conversation with you about what kind of accommodations you need, as well as providing you with FMLA/CFRA paperwork to begin the process of authorizing intermittent leave to care for your daughter. If they do not do these things, or if they refuse to provide you any accommodation or any sort of leave (or retaliate against you for using such leave or seeking such an accommodation), feel free to contact us. We may be able to help you keep your job. Our number is (877) 877-2545, or you can visit our website at www.sarnofflaw.com.

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Answered on 3/14/17, 5:07 pm


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