DISABILITY RELATED CLAIMS
FMLA / CFRA
LEAVES OF ABSENCES / REASONABLE ACCOMMODATION / THE INTERACTIVE PROCESS
Under California law, if an employee suffers from a disability or medical condition requiring time off or a medical leave of absence, employers may be required to provide that time off or additional medical leave time as a reasonable accommodation for that disability even if the employee has already used 12 weeks of FMLA leave.
Employees with disabilities are entitled to reasonable accommodations, including medical leaves of absence, and extensions of medical leaves of absence. Unless an employer can prove that a requested accommodation would impose an undue hardship on its operations, California and Los Angeles employers will be held liable for failing to provide any accommodation that would have permitted an employee to return to work and perform their essential job functions. In addition, employers are required to engage in a good faith interactive process with the employee to determine whether or what accommodations can be provided.
Often times, these are fact sensitive inquiries and we urge you to consult with an attorney to better understand your rights.
For more information regarding rights under the Family Medical Leave Act (FMLA) visit the U.S. Department of Labor.
For more information regarding rights under the California Family Rights Act (CFRA) visit the Department of Fair Employment and Housing.
Employees with disabilities are entitled to reasonable accommodations, including medical leaves of absence, and extensions of medical leaves of absence. Unless an employer can prove that a requested accommodation would impose an undue hardship on its operations, California and Los Angeles employers will be held liable for failing to provide any accommodation that would have permitted an employee to return to work and perform their essential job functions. In addition, employers are required to engage in a good faith interactive process with the employee to determine whether or what accommodations can be provided.
Often times, these are fact sensitive inquiries and we urge you to consult with an attorney to better understand your rights.
For more information regarding rights under the Family Medical Leave Act (FMLA) visit the U.S. Department of Labor.
For more information regarding rights under the California Family Rights Act (CFRA) visit the Department of Fair Employment and Housing.
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