Legal Question in Medical Leave in California

Re: fmla + disability

If your leave is required to recover from a disability sufficiently to allow you to return to work, it may be a reasonable accommodation under state or federal disability discrimination laws. The length and terms of such a leave should be established with the employer through an interactive process (sharing of information, discussion, analysis and a reasonable conclusion). This accommodation process is required by law for employers of 5 or more employees. In most cases, disciplining an employee for taking a disability leave would be unlawful. Note however, that such a leave is not unlimited in duration. Where FMLA/CFRA leave is mandated at 12 weeks, a disability leave could shorter or longer. If you will be able to return to work in 3 days, with a full ability to perform your duties, the 3 day leave would be protected. If your Dr. says you can't return to work at present or at any time in the foreseeable future, the employer may be able to terminate your employment.