Legal Question in Medical Leave in California

Re: Can the employer make FMLA run concurrent with disability leave?

Without more facts, I cannot offer a more specific opinion, however, generally speaking, FMLA does run concurrently with other leaves of absence. The law only requires that employers hold a qualified employee's job for 12 weeks in a a 12 month time period. It is not extended by virtue of some other medical leave (with minor exceptions). In some situations, employers must reasonably accommodate persons with disabilities, and this may cover follow-up treatment.

You need to research the company's leave policies. You can also look at other posts on this website that discuss this issue.

Re: Can the employer make FMLA run concurrent with disability leave?

I have a question for you. Did your employer inform you in writing that they were counting your leave time as FMLA? If they did not, they cannot retroactively assign the time as FMLA time. If they did provide you a notice that this time was being considered as FMLA time, yes, it can run concurrently with the employer's disability leave policy. As for any documentation that they designated the leave as FMLA, and be sure it was sent or given to you.

Unfortunately, the FMLA laws are not well understood by many employers and you are right to seek look beyond the employer for answers. The FMLA requires the employer to given you written notice of your rights under FMLA when you request any leave that may be covered under FMLA. Did your employer give you any written notice of your rights, or is it identified clearly in the policy handbook?

Feel free to call if you have more questions.

Deborah S. Skanadore Reisdorph