Legal Question in Employment Law in California

Just because you have exhausted your FMLA leave does not mean the company can simply fire you for needing a further 2 weeks to deal with another medical issue that results in a disability (a disability, for these purposes, is any medical condition that impacts a "major life function," which includes working). While you may not have protections under FMLA, or the California equivalent of CFRA, the California Fair Employment and Housing Act still applies. Under the FEHA, your employer must engage in an interactive process with you regarding your disability and determine if a reasonable accommodation is feasible. A reasonable accommodation can include a finite leave of absence, so if you know you will only be gone for two weeks, so long as your absence does not cause an undue hardship on you employer, they cannot fire you.

That being said, it is nearly impossible to provide accurate information and a full assessment in this type of forum. If you would like further information, please visit my law firm's website at www.sarnofflaw.com. The website contains information regarding medical leaves, and there is an article, published on LawGuru.com, that addresses medical leaves of absence. You can also complete our confidential online case evaluation questionnaire, which will provide us with information necessary to better evaluate your potential claims.