Though we like to think we are in control of our lives, there are many things that happen whether we like it or not. That includes illnesses and injuries, which may be serious enough to affect our job. Based on your medical needs, you may need time off from work, and this is where disability leave is vital for California employees. Those who qualify for medical leave cannot be fired by their employer if they take extended leave due to a physical or mental health condition.
Laws Protecting Disabled Workers
All employees with a disability as defined by federal laws are protected by
The American with Disabilities Act
(ADA). This law provides legal protections for those with disabilities in all kinds of settings, including the workplace. The ADA’s goal is to provide equal opportunities and access to those with physical and mental disabilities, and Title I of the law specifically deals with employment rights.
- According to the ADA, a disability is defined as:
- An impairment of a physical or mental nature that significantly limits one or more basic life activities
- The impairment is confirmed by medical records
- Even if the individual does not technically have a disability, they are regarded by others as being impaired
Essentially, Title I of the ADA guarantees the right to equal employment opportunities for everyone, in spite of a disability. ADA regulations apply to employers with 15 or more employees, and requirements under the law include the right to seek reasonable accommodations. A reasonable accommodation is defined as an addition or modification that can help disabled employees in their work duties. Keep in mind that the accommodation must not place an undue hardship on the employer, hence the term “reasonable.”
Your Rights under the Family and Medical Leave Act
Aside from accommodations at the work site, employees may be eligible for medical leave under the Family and Medical Leave Act (FMLA). Under the FMLA, qualifying employees can have up to 12 weeks of unpaid leave for a medical condition. People can also take leave under the FMLA to take care of a sick child, spouse, or parent, or after the birth / adoption of a child.
Please note that the FMLA only applies for employers with at least 50 workers within a radius of 75 miles. There are requirements for the employee as well, such as:
- You must have worked for the employer for at least 1,250 hours within the past year
- You must live within 75 miles of the job site (or one of the job sites)
The leave is unpaid, but it provides workers with the assurance that their job is waiting for them when they come back from leave. If you are fired during or after extended leave that’s guaranteed to you under the FMLA, you may be a target of discrimination and retaliation by your employer. Even workers who are not fired can face negative repercussions while on disability leave, like pay cuts, reduced hours, or transfer to a less desirable location.
Based on the treatment you suffered, you may have grounds to sue your employer for wrongful termination and other forms of disability discrimination. Our team of employment lawyers have decades of experience fighting for the rights of disabled employees in California. Reach out to us today for a detailed discussion on what you can do as someone who was fired because you went on medical leave.
Laws in California for Disability Leave and Accommodations
Similar to the FMLA, the California Family Rights Act (CFRA) extends medical leave coverage for workers with certain physical and mental conditions. So, even if you do not qualify for extended leave under the FMLA, you may be covered by the laws in California. For example, the CFRA allows unpaid, extended leave to take care of domestic partners, as well as spouses. However, the protections only apply to employers with 50 or more workers (same as the FMLA). Workers must also have worked for a minimum of 1,250 hours within the past 12 months to qualify for time off under the CFRA.
Essentially, the CFRA provides up to 12 weeks of unpaid leave time to deal with a serious medical condition, take care of family members that are seriously ill, or recover after the birth of a child. California law defined a serious health condition as any injury, illness, or impairment that is physical or mental. The condition you are diagnosed with requires a period of treatment or incapacity, which impair one’s ability to work, attend school, and participate in other essential activities for over 3 consecutive days.
The state regulations are more comprehensive and offer a greater range of protections compared to the FMLA. But either legislation guarantees your right to come back to you job after a disability leave. Alternatively, your employer can offer you a comparable position in terms of rank, salary, etc. You should also be aware that CFRA leave time is separate from FMLA leave, meaning you may qualify for more than 12 weeks of disability leave.
If you received a termination notice and you suspect that is has to do with your request for medical leave, contact an employment rights violation lawyer as soon as possible.
How Employers can Handle Reasonable Accommodation Requests
Employees are guaranteed the right to seek reasonable disability accommodations under the California Fair Employment and Housing Act (FEHA). The right to workplace accommodations applies to California employers with 5 or more employees. Unlike FMLA and CFRA protections, you can seek reasonable accommodations no matter how long you have been at your job. So, even those who were recently hired can ask for changes and modifications due to a physical or mental health condition.
Transparency and open communication between employers and workers are crucial to ensuring that accommodations are within reason and truly helpful to the disabled individual. Possible accommodations include:
- Modified work schedule (more breaks, different shift, reduced hours, etc.)
- Restructuring of job duties or reassignment to a less demanding position
- Option to work from home or remotely from another location
- Physical changes to the layout of the office / workspace
- Assistive technology, such as ergonomic keyboards and speech-to-text software
Disability Leave Related to Childbirth
Were you fired during or after taking disability leave to have a baby? You can take legal action against your employer under the terms of California’s Pregnancy Disability Leave (PDL). Just like FEHA, this law protects workers that are employed by companies / businesses with 5 or more people.
Pregnancy in itself does not classify as a disability, but the worker is limited in her ability to do certain tasks as a result of being pregnant. For example, a woman may be placed on bed rest by her doctor during the last month of her pregnancy. After giving birth, the mother needs time to heal and ensure that her body is healthy enough to perform essential job functions. Based on complications like preeclampsia, high blood pressure, miscarriage / stillbirth, and post-partum depression, you may need to leave your job earlier than 36 weeks. If so, your employer cannot fire you while on leave, or refuse to hold your job open until you return from pregnancy leave.
Talk to a Disability Discrimination Lawyer
You have rights and protections under state and federal laws, and your employer should not get away with taking away your job illegally. The legal team of California Labor Law Employment Group can help you fight back against disability discrimination and receive compensation for your monetary losses.
We represent all clients on contingency, so you do not have to worry about paying us. Our attorneys only get paid if we successfully settle your case or obtain compensation from a jury verdict. This is our promise to you under the Zero Fee Guarantee, which you can take advantage of from the moment you contact us.
Please get in touch and receive a free case evaluation if you were fired while on disability leave.
