Legal Question in Employment Law in California

Very good question. Many employers and employees don't realize that once the FMLA leave right exhausted, the employer often has a duty to consider whether extending leave beyond leave would be one way to reasonably accommodate an employee's disability.

I am not entirely sure whether liver transplant surgery in itself would be considered disability as it would depend on the length of recovery of the person after the surgery, but if the recovery takes longer than 12 weeks due to certain symptoms, and if the employer is aware of the same condition, the employer will have to comply with the affirmative duty of engaging in interactive process to consider whether extending leave would be appropriate (under California Fair Employment and Housing Act).

Thanks,

Arkady Itkin