Legal Question in Medical Leave in California

Re: Employers rights

Employers must have at least 50 employees to be required to provide medical leave under FMLA or its California equivalent, the CFRA. Even then, an employer is only required to permit up to 12 weeks off for a serious illness or injury.

Under state and federal law, employers do have an obligation to reasonably accommodate employees with qualified disabilities, which sometimes may include a leave of absence. However, the leave of absence cannot be of such a duration as to cause a hardship on the company. The size of the company is an important factor to be considered.

I think you should discuss any and all options with the employee to see what, if anything, can be done to accommodate her. It is unlikely, given the size of your company you would have to grant her request for a six month leave (assuming you have no such policy and have not set a precedent with others). If you are unsure how to address the situation, get the advise of experienced employment law counsel to assist you.