California Disability Leave Lawyers

California provides comprehensive protections and accommodations for employees with disabilities, including specific provisions for 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. Here’s a summary of the key rights around disability leave in California:

California State Laws

• Fair Employment and Housing Act (FEHA): FEHA requires employers to provide reasonable accommodation for employees with disabilities, which can include providing disability leave, among other accommodations. It 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 effective accommodations for employees with disabilities.
• California Family Rights Act (CFRA): CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions, which include disabilities. It applies to employers with five or more employees. This leave can be used for the employee’s 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 a related medical condition to take up to four months of job-protected leave.

Federal Laws

• Americans with Disabilities Act (ADA): Similar to FEHA, the ADA requires employers to provide reasonable accommodations for qualified employees with disabilities, unless doing so would cause undue hardship. This can include modifying work schedules, restructuring jobs, or providing unpaid leave as an accommodation. ADA applies to employers with 15 or more employees.
• Family and Medical Leave Act (FMLA): FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions. While federal, it works alongside California laws like CFRA to provide leave for employees or their family members with serious health conditions, including disabilities.

Protections and Prohibitions

• Discrimination and Harassment: Both California laws and federal laws prohibit discrimination and harassment based on disability. Employers cannot treat an employee less favorably because of their disability and must provide reasonable accommodations.
• Retaliation: It is illegal for employers to retaliate against an employee for requesting an accommodation, taking disability leave, or filing a complaint about discrimination or harassment based on disability.