Legal Question in Disability Law in California
How long must I hold the job for the temporary disabled?
We are a company of 14 employees. We do not have a disability policy inplace. Our receptionist is under medical treatment for a back injury suffered on a provious job. She has been employeed for just over one year. She has missed 12.5 days in the past 13 working days and 17.5 days total [vacation and paid sick time] this year. Her doctor placed her on temporary disability for an additional 20 working days, at which time the doctor will re-evaluate her condition. She has now used all of her accrued vacation and paid sick leave.
How long am I required hold her job open before I terminate her?
1 Answer from Attorneys
Re: How long must I hold the job for the temporary disabled?
Small employers such as your company are not subject to family/medical leave laws or disability compliances partly because of the difficulty in covering for the absence of employees. However, if you have accomodated similarly situated employees in the past, I would urge you to treat this employee in the same manner as you have done before. If not, it would be reasonable to give your employee a return date, and if she is unable to return by then, hire a replacement. Excessive absence is a legitimate reason to lay off an employee due to business necessity,when the FMLA does not apply.
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