Legal Question in Employment Law in California
termination of employment due to short term disability
I had ankle surgery and will be off work more than 12 weeks. My Dr has cleared me to go back to work on light duty. I am an electrician and my company tells me they have no light duties and if I do not come back before 12 weeks, I will be terminated. Isn't this illegal?
1 Answer from Attorneys
Re: termination of employment due to short term disability
Employers are required to provide family medical leave and to accommodate employees' physical limitations. They are also required to work with you in good faith to identify ways that they can accommodate you -- whether by giving you a part-time work schedule, or assigning you to work that is not physically demanding while your body heals. They are not allowed to say they have nothing for you without conducting a good faith assessment of your work and whether your condition can be accommodated. Even if there is no accommodation, assuming you require some more than the 12 weeks to return to work, as long as there is a definite date for your return to work, the employer is required to accommodate your injury by granting you some additional leave so that you can recuperate and return to work.
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