In addition, an employer has the right to know when the employee will be returning to work and the employee is obligated to provide this information (though the return-to-work date can be updated by your physician if circumstances change). You say you "will be able to return to work within 18 months or so." That is not a specific return date and the employer can deny the request for reasonable accommodation without a specific date. No employer is required to hold a job open indefinitely.
But as I indicated above, you have a larger problem. Unless your employer is quite large and you are one of many employees in the same job, it is difficult to see how such a long time away from work would be reasonable for an employer. I'm not saying it isn't; I don't know the employer or what your job is or what your disability is. I don't even know if you have a disability as defined by the FEHA. If you don't, then you are not entitled to a reasonable accommodation in the first place.
I urge you to consult with one or more experienced employment law attorneys with whom you can discuss the details of your situation. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area.
I hope you can resolve your situation and wish you the best.
Marilynn Mika Spencer San Diego Wrongful Termination Lawyer
Posted over 13 years ago.
(continued from Answer above)
In addition, an employer has the right to know when the employee will be returning to work and the employee is obligated to provide this information (though the return-to-work date can be updated by your physician if circumstances change). You say you "will be able to return to work within 18 months or so." That is not a specific return date and the employer can deny the request for reasonable accommodation without a specific date. No employer is required to hold a job open indefinitely.
But as I indicated above, you have a larger problem. Unless your employer is quite large and you are one of many employees in the same job, it is difficult to see how such a long time away from work would be reasonable for an employer. I'm not saying it isn't; I don't know the employer or what your job is or what your disability is. I don't even know if you have a disability as defined by the FEHA. If you don't, then you are not entitled to a reasonable accommodation in the first place.
I urge you to consult with one or more experienced employment law attorneys with whom you can discuss the details of your situation. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area.
I hope you can resolve your situation and wish you the best.