Legal Question in Disability Law in California

Re: disability

It depends on whether you are eligible for FMLA leave. If you work for an employer with at least 50 employees within a 75 mile radius of where you work, and have put in at least 1250 hours prior to becoming disabled, you can take up to 12 weeks off for a serious personal illness. Check with your HR representative to see if you are eligible for FMLA leave.

Re: disability

Unless you qualify for FMLA or other legally protected leave, you can be terminated at any time as an 'at will' employee, unless in a union or under written contract. IF you end up being terminated, you think improperly, feel free to contact me.

Re: disability

Don't forget about the Americans with Disabilites Act ("ADA"). It applies to disabled employees of companies with at least 15 employees.

If your condition qualifies as a "disability" (as that word has been defined, for ADA purposes, by the courts), your employer must provide you with a reasonable accommodation. A reasonable accommodation might be a chair, the option to telecommute, or unpaid leave.

Unfortunately, what qualifies as a reasonable accommodation depends on the facts of the situation. A larger, more financially-secure company can more easily afford to give time off and hold your position open than a smaller company just scraping by. And it also depends on the nature of the business, and your role. If you are a key contracts negotiator, perhaps the company can go no more than a few weeks without you. If you're a forklift driver for a major Wal-Mart hub, it might be reasonable to hold your position open for more than a year.

So really, the answer is "it depends." It depends on the extent to which holding the position open for you puts the company in an imposition.

How long can you be off before being terminated? As long as it is reasonable for your employer to hold your position open for you.

And then there are comparable California laws, in addition to the federal ADA.

If things go sour, consider contacting the Equal Employment Opportunity Commission ("EEOC"). You can file a charge with them, and they can conduct an investigation, or mediate between you and your employer. Feel free to contact me if you have additional questions or need assistance.