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Disability leaves are intended to allow an employee to take a leave of absence to recover from a medical condition which is resulting in their inability to work. The American Disability Act (ADA), the Rehabilitation Act, and the Family Medical Leave Act (FMLA) are the primary federal laws that consider disability leaves to be a reasonable accommodation for a disabled employee whose disability is due to what is deemed to be a temporary condition. Permanent disabilities are covered by a myriad of other state and federal laws.<\/p>\n

California also prohibits discrimination based on a disability under the provisions of the Fair Employment and Housing Act (FEHA). This Act is administered by the Department of Fair Employment and Housing (DFEH), and the DFEH has issued regulations that stipulate a leave of absence can be a reasonable accommodation for a disabled employee under the FEHA. Both federal laws and the state laws stipulate that an employer may not have to provide a disability leave of absence as a reasonable accommodation if it would create an undue hardship on the employer. It is important to note that neither the EEOC nor the DFEH has issued definitive regulations and guidelines stating the amount of leave that employers must provide under the reasonable accommodation rule, and court decisions have held that each employee disability must be considered on its circumstances and facts. This leaves the matter largely up to the employer unless the employee can prove that their disability customarily requires more recovery time.<\/p>\n

EEOC guidelines stipulate that an employer does not have to extend paid leave beyond the employee’s accrued sick leave. An unpaid leave is considered to be a reasonable accommodation. An employer must hold the disabled employee’s job open pending their return, but the employer is not obligated to do so if they can prove that doing so would create an undue hardship for the employer. As a general rule, employers cannot terminate disabled employees while they are on a disability leave unless the employer can establish that the leave will not allow the employee to recover sufficiently to resume their job requires and no other job is available to accommodate them. The employer may at any time provide a job that the disabled employee can do as a reasonable accommodation for their disability.<\/p>\n

An employer may be required to comply with specific federal laws that are more liberal on disability leaves than the state law is. This fact emphasizes the need to consult an attorney about your particular case even if you do find it covered by this article, and you might want to be sure that the provisions of the law identified in this article apply to you. The area of disability law is a legal minefield, and professional assistance may be needed to help you avoid an unexpected problem. Don’t ask for a disability leave until you are fully informed about how the laws will apply to you. You may have to pursue an emergency disability leave if you are unable to work, but you can do so with an understanding that you are facing a complex situation that is covered by many federal and state laws, regulations and guidelines.<\/p>\n

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.<\/p>\n

Photo Credit: Shutterstock\/Billion Photos<\/p>\n","protected":false},"excerpt":{"rendered":"

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