Legal Question in Medical Leave in California

Re: Disability

-There are two types of leave possibly at work here. First is leave to accomodate a disability. The second is FMLA/CFRA leave. FMLA/CFRA last 12 weeks. If you are placed on FMLA/CFRA leave, the employer must generally reinstate you upon end of your leave.

Re: Disability

To be eligible for disability leave under FMLA or CFRA, you must have been employed, full-time, with your employer at least for one year, and the company must employ at least 50 employees within a 75 mile radius of where you work. You also must be prepared to provide your employer with medical documentation showing the need for the time off.

The employer does not have to pay you while you are out on medical leave, (though there is a bill currenty in the state legislature that may change that), but you may use any accumulated sick or vacation pay. Also, you may be eligible for State disability if you meet their requirements. You should also see if the company provides short term disability benefits, which is an insurance policy for employees who become disabled.