Legal Question in Employment Law in California

Termination While On Disability Leave

My cousin has on been on disability since January after she contracted spinal meningitis. She almost died and is now in the recovery process, but still unable to return to work. Her doctors predict she may be able to return by next January or March if her condition continues to improve as it has been. In dealing with her employer, she has gotten the feeling that they are planning to terminate her because she's been unable to work for so long. Does she have any job protection under the law or can her employer choose to terminate her at will during her disability? Her employment is at-will.


Asked on 7/20/04, 3:56 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Termination While On Disability Leave

The Family and Medical Leave Act and California Family Rights Act require employers with 50 or more employees to grant up to 12 weeks of leave and reinstate employees upon return from the leave.

The Americans with Disabilities Act and the California Fair Employment and Housing Act protects employees with disabilities from disctimination and requires employers to reasonably accomodate employees with disabilities.

A leave can be a reasonable accomodation, but without a clear indication of a return within a reasonable period of time, an employer will generally not be required to keep a job open for a year or more.

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Answered on 7/22/04, 4:24 pm


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