Discrimination when it comes to hiring and firing people with disabilities is illegal under California and federal laws. Sometimes, workers need time off from work due to a physical or mental health condition. Protections are offered under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).
When a disabled employee is out on long-term leave for their health condition, the medical issue or request for leave cannot be used as a basis for termination. Thus, you cannot be fired during a leave of absence if your meet the following conditions:
- Your employer has 5 or more employees – protection for employees with a disability apply to businesses with 5 or more workers under the FEHA. If your employer has 15 or more workers, you also have protections under the ADA.
- Your health issue qualifies as a disability – Please note that the FEHA has a broader scope of medical conditions that meet the standard for a disability. For example, FEHA includes temporary disabilities and ones that may improve over time with proper treatment. On the ADA’s definition of a disability is much more restrictive.
If you lost your job while you were out on disability leave, it’s essential to learn about your rights from a wrongful termination lawyer. Contact California Labor Law Employment Attorneys Group and schedule a consultation, completely free of charge.
Reasonable Accommodations for a Disability
If the employee wants to work through their disability, California employers must provide disabled employees with reasonable accommodations that help them perform essential job duties. Many workplaces, for example, can offer a flexible work schedule and make ergonomic changes to your workspace.
Please note that it’s up to you to suggest accommodations that will help you do your job, and work with your employer to ensure that what you are asking for is reasonable. The laws clearly state that the accommodations cannot place an “undue hardship” on the employer, so both sides must be realistic and willing to compromise.
Our employment lawyers have many years of experience with disability accommodation complaints. If your employer is denying you accommodations that will allow you to work through your disability, please take some time to speak with one of our legal experts.
Leave Time for a Disability
Laws at the state and federal level ensure that workers in need of extended medical leave are protected from job loss based on their disability. Under the federal government, you may be entitled to job protected leave under the Family and Medical Leave Act. The law provides you with up to 12 weeks of leave within a 12-month period to take care of a serious health condition. Leave time may be requested for yourself, or because you need to take care of a sick parent, child, or spouse. Similar protections may be available under the California Family Rights Act (CFRA).
It’s essential to note that leave under both the CFRA and FMLA are unpaid. In addition, the employee must be allowed to resume the same or comparable position upon their return to work. If medical coverage is provided by the employer, the worker is entitled to these benefits while they are on leave, as well as their status / seniority at the workplace.
To qualify for extended, job protected leave, you must work for a company with at least 50 employees that work within a 75 mile radius. Additionally, you must have worked at the company for at least one year or at least 1,250 hours.
Factors that Impact Your Right to Job Protected Leave
The issue of whether one’s job is protected during a medical leave is based on other variables, aside from the employer’s size and the type of medical condition. Other factors that must be considered include:
- Eligibility for workers’ compensation – are you receiving workers’ compensation benefits for a work-related injury or illness? If you have been approved for workers’ comp, you are generally protected from termination and other adverse employment actions.
- Social Security Disability Insurance (SSDI) payments – if you have a long-term or permanent disability that keeps you from working for 12 or more months, you are likely to be eligible for SSDI benefits. While these payments are a source of much needed income, they generally will not protect you from job loss. These protections are only guaranteed by the Family and Medical Leave Act and the California Family Rights Act.
What can You Do if You are Wrongfully Terminated Due to Disability Leave?
If you believe that your right to protection from termination has been violated by your employer, contact a labor law attorney without delay. Our law firm can file a complaint on your behalf with the California Department of Fair Housing and Employment or the Equal Employment Opportunity Commission. If you cannot resolve your dispute with your employer by filing a complaint, we can move forward with a lawsuit for discrimination and other violations of the laws regarding protected medical leave.
Zero Fee Guarantee
Those who have fired illegally need strong and effective representation from a wrongful termination attorney. But how can you cover the cost of legal fees, when you are worried about the impact of losing your job? This is why we offer the Zero Fee Guarantee for anyone that’s eligible for a labor law violation claim. Simply put, you pay us $0 if you decide to hire us. Once we secure the settlement you are entitled to, a percentage of the funds will be deducted to cover our expenses. There is no other compensation that is owed to us, meaning we will not ask you for payment if we fail to win your case.
To learn more about this offer and how we can help you succeed in a claim for wrongful termination, reach out to us here at California Labor Law Employment Attorneys Group.
