Legal Question in Disability Law in California

disability time off for surgery

I work for a well know medical facility which has good union but where I work the union is not visible. My question is, I have to take time off for surgery....About two months..i dont have fmla as I used it up with my mom who passed away recently. Now I have to get bilateral knees operated on.

Can i get removed from my position if i cant come back. I also have back issues from a work comp accident in 90 that resulted in surgery. Since knees are bad i am suffering more with back pain.

My doctor only is giving me six weeks for the knees to be off.

Just wondering how this works.If i cant make a come back when the surgical dr. says so, but what if my other doctor states my back is bad.

I don't know...I am stressed with all that is happening and i only have to february until i can get my pension.........help


Asked on 8/27/07, 9:29 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: disability time off for surgery

You can request your employer to reasonably accommodate your disability, which may include an extended length of time off, if the extended absence does not create an undue hardship on the employer. But it sounds as though the major issue is whether you will be able to perform the essential functions of your job, even with accommodations.

There is no simple answer because it is unclear how long your recovery will be and what your limitations may be. This is a situation that requires ongoing communication between you, your health care providers, and your employer to engage in, what we call, an interactive process, to determine what options may be available to reasonably accommodate your disability. The more communication the better for all concerned.

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Answered on 8/28/07, 12:18 pm


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