Legal Question in Employment Law in California

Hello,

Terminating employees because their medical leave has been exhausted without considering whether additional leave should and can be granted as a reasonable accommodation to a disability is a common violation by the employer. It's possible that you have a legitimate claim for disability discrimination but more facts are needed to determine that.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco Employment Lawyer

http://www.arkadylaw.com

If your employer employs at least 5 employees and your medical condition qualifies as a disability (which I suspect it does, given that it has caused you to be unable to work for an extended period of time) your employer is required to reasonably accommodate your disability under a law called the Fair Employment and Housing Act (FEHA). A leave of absence is one type of reasonable accommodation.

There is no specific length of time that is reasonable for a medical leave under the FEHA. Rather, the employer must have a conversation with you about how much time-off you need and make a determination whether providing the requested leave will impose an undue hardship on the company. If giving you the time off you need will not pose an undue hardship on the company, then the employer must grant your request for leave.

It is important to note that if you are taking your medical leave under California Family Rights Act (CFRA) and/or Family Medical Leave Act (FMLA), your employer CANNOT simply fire you once your 12 weeks are up. Rather, the employer must have a conversation with you about how much more time-off you need and make a determination whether providing you the additional time-off requested will pose an undue hardship on the company.

However, you are not entitled to an INDEFINITE leave either. Thus, for example, if your doctor provides a note to your employer which states that you may NEVER be able to return to work, the company may legally be able to fire you.

Unfortunately, given that you have been out of work for almost a year now, the employer may be able to make compelling arguments that there is no indication that you will ever return to work (i.e. it appears that your leave is indefinite) and/or that keeping your position open any longer will impose an undue hardship on the company. However, again, the company has to have a conversation with you about this�they can�t just fire you without trying to see if they can make things work. You may want to have a discussion with your doctor about how much longer you will need to be off of work, and if he can give a definite date you can return, you could share this date with your former employer so the company can make a determination of whether it will impose an undue burden to reinstate you and extend your leave for that amount of time.

Please note that every case different, and whether an employer has violated the law is heavily dependent on the very specific facts of your situation. Please feel free to contact us by email at [email protected], fill in an online questionnaire at www.sarnofflaw.com, or call us at (213) 536-4236 so we can evaluate your specific circumstances.