There are two important facts that every employee in California should know about FMLA / CFRA leave that might prove to be critical in certain not uncommon situations:
1. ADA Leave May Be Available Where FMLA Isn’t
Even if you don’t qualify for FMLA because of the hours worked for the employer or the size of the employer, you may still be eligible for disability leave under FEHA (Fair Employment and Housing) or ADA if you have a qualifying medical condition, and if your employer employs more than 5 employees.
2. You May Be Entitled to Additional Leave After You Fully Used Your FMLA Leave
Even if you exhausted your FMLA leave, you may still be entitled to additional medical leave under FEHA or ADA, since a disability leave, or an extension of previously granted leave may be a considered one type of reasonable accommodation to a qualifying disability that an employer may have to provide or at least consider providing. An employee is often told by his employee that he exhausted his allotted FMLA leave for that year, and therefore he has to return to work or face termination. In many such cases, that employee has the right to additional leave in order to recover and be able to return to work to full capacity or to a modified duty. This right to extended disability leave depends on a number of factors, including that employee’s specific medical condition, the duration of extended leave needed, the employee’s job duties, the employer’s resources, etc.