Family and Medical Leave – What’s Fair?

Many times employees are terminated when their Family Leave expires and they are not ready to return to work.  Sometimes a person with a medical condition or a disability who does not qualify for Family Leave is fired because he or she needs a leave for treatment.

Is this a violation of the law?

FEHA prohibits an employer from taking adverse actions against an employee due to an actual or perceived disability and they are required to engage in a good faith attempt to reasonably accommodate a disability.  Leave time for a finite period is considered a reasonable accommodation under FEHA.

Jensen V. from Wells Fargo says:

“Holding a job open for a disabled employee who needs time to recuperate or heal is in itself a form of reasonable accommodation and may be all that is required where it appears likely that the employee will be able to return to an existing position at some time in the foreseeable future ” (Jensen v. Wells Fargo Bank (2000) 85 Cal. App.4th 245, 263.)

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