California provides comprehensive protections and accommodations for employees with short and long-term disabilities, including specific provisions for Los Angeles disability leave. These protections are afforded by a combination of state laws and federal laws, designed to ensure employees with disabilities are treated fairly in the workplace.
When employers ignore these obligations, disability leave lawyers can step in to help protect your job, income, and legal rights.
Contact Matern Law Group’s Los Angeles disability leave lawyers by calling 310-987-4226 or submitting the form below to request a free case evaluation.
Here’s a summary of the key rights around Los Angeles disability leave in California:
California State Laws
- Fair Employment and Housing Act (FEHA): The FEHA requires Los Angeles employers to provide reasonable accommodations for employees with disabilities, which can include giving disability leave, among other accommodations. The FEHA generally 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 adequate accommodations for employees with disabilities. Failure to engage in this process may expose employers to further legal liability.
- California Family Rights Act (CFRA): The CFRA allows eligible Los Angeles employees to take up to 12 weeks of unpaid, job-protected leave in 12 months for severe health conditions, which include disabilities. The CFRAgenerally applies to employers with five or more employees. Employees can use this leave for their 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 related medical conditions to take up to four months of job-protected leave.
Federal Laws
- Americans with Disabilities Act (ADA): Similar to the FEHA, the ADA requires employers to provide reasonable accommodations for qualified employees with disabilities in Los Angeles, unless doing so would cause undue hardship. This can include modifying work schedules, restructuring jobs, or providing unpaid leave as an accommodation. The ADA generally applies to employers with 15 or more employees.
- Family and Medical Leave Act (FMLA): The FMLA allows eligible employees in Los Angeles to take up to 12 weeks of unpaid, job-protected leave within 12 months for serious health conditions. Although it’s federal law l, the FMLA works alongside California laws like the CFRA to provide leave for employees or their family members with severe health conditions, including disabilities. The FMLA often overlaps with the CFRA, and navigating both laws correctly is key to protecting your employment.
Protections and Prohibitions
- Discrimination and Harassment: Both California laws and federal laws prohibit discrimination and harassment based on disability. Employers cannot treat a Los Angeles employee less favorably because of their disability and must provide reasonable accommodations.
- Retaliation: It is illegal for Los Angeles employers to retaliate against an employee for requesting an accommodation, taking disability leave, or filing a complaint about discrimination or harassment based on disability.
If you believe your employer has violated these protections, speaking with Los Angeles disability leave lawyers can help clarify your options.