Legal Question in Medical Leave in California

Re: FMLA Termination question...

If your mother-in-law's employer is saying the law requires them to fire her once FMLA runs out, they are not being honest with her. They certainly can keep her on longer of they choose to and maybe even have to, in order to reasonably accommodate her medical condition under the California Fair Employment and Housing Act.

The timing of the 12 weeks also needs to be examined, to see whether she really exhausted her leave within the 12 month period, as required under FMLA.

I suggest that your mother-in-law consult with an employment law specialist near where she lives to have the attorney review the company's policies and how they have applied them, in conjunction with what they are required to do by law. Sometimes a well written letter from an attorney can convince the employer to change its decision before irrevocable damage may be done.

Re: FMLA Termination question...

The answer to your question is no, the company is not legally required to terminate your mother when her FMLA leave runs out. If she requires additional leave, and they are able to accommodate her without it imposing an "undue burden" on the company, they may be required to do so. You should also be aware that cancer constitutes a protected class category under the Fair Employment and Housing Act under "medical condition" - if they are discriminating against her, i.e. treating her differently from other similarly situated employees, because she has cancer she may be protected under the FEHA. If you would like to talk further, please feel free to contact our office for a phone consultation at no charge. If we can help we would be happy to do so, or we can refer you to an attorney in your local area. Thanks and good luck.

Re: FMLA Termination question...

Must fire? No. May? Yes/maybe. Have her consult with experienced counsel to see whether she is covered by FMLA or other aspects of the anti-discrimination laws. If so, an attorney can likely protect her from firing. Have her contact me if interested in doing this right.