One of the most commonly litigated issues in California in the context of disability and medical leave laws at workplace is whether an employer, who previously provided one or more medical or disability leaves to an employee, has an obligation to extend leave further. If you are a worker who is facting this type of istuation, you should keep a few things in mind when considering your options of extending medical leave v returning to work with or without restricftions:
- Generally, extending previously granted medical leave may be one type of reasonable accommodation to which an employee may be entitled to under FEHA (Fair Employment and Housing Act), even if previous leave ended and was not sufficient to allow that employee to recover and return to work to full or limited duties.
- At the same time, an employer has no obligation to provide indefinite leave, i.e. – where it’s not clear when, even approximately, the disabled employee will be able to return to work, if ever. The term “indefinite” itself is vague and has been a subject of significant litigation. However, the courts have consistently held that extending medical leave is not a reasonable accommodation where the employee does not have an anticipated date of return to work.
- There is no bright line rule about the extent of leave that an employee is entitled to as a disability accommodation, and at which point the request for additional leave becomes too long and outside of that employer’s obligations. The answer to this question depends on the employee’s title and duties, the employer’s resources to deal with that employee’s absence, the extent of previously granted leaves, and availability of other alternative accommodations, such as working remotely, working with certain modifications, being transferred to another position, consisten twith that employee’s limitations, etc.
- Under the law, your employer doesn’t have to provide you with a perfect accommodation or the accommodation you prefer. They only have to provide a “reasonable” accommodation. Thus, if your employer refuses to extend your leave but offers and alternative accomodation, such as partial or ful telecommuting or job restructuring to accommodate your limitations, you should not automatically dismiss it but consider it and continue the dialogue, known as “interactive process” to at least try to find a solution that works for both you and the employer.