Legal Question in Employment Law in California

Moving On

I have an employee who was involved in a car accident on the weekend on his own time. He has been on disablity and not working for 5 weeks now. My company has only 12 employees and with no notion of when he may be back I was wondering if his position can be filled or if we have to provide him a job to come back to. Thank You...


Asked on 3/23/04, 5:31 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Moving On

Your company size does not fall within the State or Federal leave laws, but you are required to accomodate an employee's disability. California has a very broad definition of disability and one of the accomodations for a disability can be a leave. However, the accomodation must be reasonable - if the period of disability is uncertain and the leave request places an undue burden on the employer, the duty to accomodate may be relaxed.

This is extremely fact intensive and you should seek the guidance of a qualified labor attorney to step you through this matter. My firm handles this type of work so if I can help you feel free to call or email

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Answered on 3/25/04, 7:35 pm


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