CA Employment Law

CA employment law - can an employee be fired for being on disability leave? If so, what is the timeframe that is considered unreasonable for employee to be on disability leave?
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Answers (2)

Alicia Irene Dearn

Alicia Irene Dearn

Contributor Level 5
Maybe. This area of law is fact intensive -- meaning that it really depends on your particular circumstances. You should consult with an attorney to discuss your situation confidentially and get a considered opinion.
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Carl Andrew Botterud

Carl Andrew Botterud

Contributor Level 3
The answer will depend on a number of questions. How large is the employer? How long was the leave? Is the leave a protected leave under the Family Medical Leave Act or California Family Rights Act? Was this a pregnancy leave which has different protections. What is the company policy and practice regarding leaves? Did those policies or practices create a new contract right for the employee?

Finally, did the employer have an obligation to engage in a good faith interactive process and provide a reasonable accommodation for the employee?

It is best to find a lawyer who practices in the area of employee rights. The California Employment Lawyers Association is such a group of lawyers (www.cela.org) as is the National Employment Lawyers Association (www.nela.org)
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