Legal Question in Medical Leave in California
What can be done for people on disability?
I am currently on a 12 week FMLA leave, but my disability might keep me off work a lot longer. After the 12 week period if my current position is not kept and they can not assign me to another position, is there any action I can take?
2 Answers from Attorneys
Re: What can be done for people on disability?
Maybe. You should consult with an experienced employment attorney to discuss the best way to seek additional leave time as an accommodation for your disability. The shorter the time period and the more difinative the return date, the better chance you will have in securing additional time as a reasonable accommodation.
Re: What can be done for people on disability?
"Disability" is not the basis of a FMLA leave; serious medical condition is. IF you actually have a legally recognized permanent and life altering 'disability' that must be reasonably accommodated, then you must so request. If they then refuse, you would have a claim. If not, then you are entitled to only FMLA 12 weeks, after which you can be fired. Feel free to contact me if you ARE entitled to disability accommodation and need legal help dealing with the company.
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