Disability Leave Lawyers

California State Laws

• Fair Employment and Housing Act (FEHA): FEHA requires employers to provide reasonable accommodation for employees with disabilities, which can include providing disability leave, among other accommodations. It applies to employers with five or more employees and covers a wide range of physical and mental disabilities. Employers are also required to engage in a timely, good faith, interactive process to determine effective accommodations for employees with disabilities. An employee who believes these rights were violated may have grounds for a disability discrimination claim.
• California Family Rights Act (CFRA): CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions, which can include conditions associated with a disability. It applies to employers with five or more employees. This leave can be used for the employee’s own serious health condition or to care for a family member with a serious health condition.
• Pregnancy Disability Leave (PDL): While specific to pregnancy, PDL is a form of disability leave under California law. It allows employees disabled by pregnancy, childbirth, or a related medical condition to take up to four months of job-protected leave.

Federal Laws

• Americans with Disabilities Act (ADA): Similar to FEHA, the ADA requires employers to provide reasonable accommodations for qualified employees with disabilities, unless doing so would cause undue hardship. This can include modifying work schedules, restructuring jobs, or providing unpaid leave as an accommodation. The ADA applies to employers with 15 or more employees. An attorney can help an employee determine whether an employer’s failure to accommodate may support a legal claim.
• Family and Medical Leave Act (FMLA): FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions. While federal, it works alongside California laws like CFRA to provide leave for employees or their family members with serious health conditions, including conditions related to a disability.

Short-Term Disability and Long-Term Disability Benefits

Short-term disability and long-term disability benefits may provide income replacement when an employee cannot work because of a qualifying medical condition. These benefits are different from laws that provide job-protected disability leave.

Short-term disability benefits generally provide wage replacement for a limited period when an eligible employee is temporarily unable to work. Depending on the circumstances, an employee receiving short-term disability benefits may also have job-protection rights under FMLA, CFRA, FEHA, or another applicable law.

Long-term disability benefits are generally intended for qualifying medical conditions that prevent an employee from working for a longer period. Eligibility for long-term disability benefits often depends on the terms of an employer-sponsored or private insurance plan. Receiving these benefits does not automatically determine whether an employee has separate job-protection or accommodation rights.

If a short-term disability or long-term disability benefits claim is denied, employees should review the applicable policy and deadlines carefully. An attorney can help determine which employment laws or benefit-plan rules may apply.

Protections for Employees Who Are Discriminated Against

• Discrimination and Harassment: State and federal laws prohibit unlawful discrimination and harassment based on disability. Employers cannot treat an employee less favorably because of a protected disability and may be required to provide a reasonable accommodation. An employee who has been discriminated against because of a disability may be able to pursue a legal claim.
• Retaliation: It is illegal for employers to retaliate against an employee for requesting a reasonable accommodation, taking protected disability leave, or making a complaint about unlawful discrimination or harassment based on disability. Depending on the facts, retaliation may support a separate claim.

Disability Protections for Older Employees

Older employees may have protections under both disability discrimination and age discrimination laws when applicable. An employee’s age does not prevent them from requesting a reasonable accommodation for a qualifying disability or exercising legally protected leave rights.

For example, an older worker who develops a medical condition may be entitled to a reasonable accommodation, which could include modifications to job duties, changes to a work schedule, or a period of leave. Employers should evaluate accommodation requests based on the employee’s individual circumstances rather than assumptions about age or disability.

When an employee believes an employer has denied a reasonable accommodation or taken an adverse employment action because of a protected characteristic, consulting an experienced employment attorney can help the employee understand the protections and legal options that may apply.