Employees may need to use the full 12-week FMLA absence period to address a significant health problem. What occurs when an employee’s 12-week leave period is up but they are unable to start working again?
Can the boss just fire the worker? What if the worker was allowed to come back after a brief period of extra, non-indefinite leave? Can the employer still fire the worker? In all likelihood, it would be wrongful to fire the employee in these circumstances. Read on to learn more and then contact PLBH at (800) 435-7542 to talk to a wrongful termination attorney.
California employment law is clear
Some businesses have the misguided belief that they can fire an employee if they are unable to return to work after their FMLA leave has expired. However, California employment law is extremely clear that if an employee has a medical condition or handicap, they would be entitled to more leave than the 12-weeks allowed by the FMLA, provided that it did not put an undue burden on the employer.
Employers have a responsibility to make reasonable accommodations if they are aware of a handicap. When it appears likely that a disabled person will be able to return to a current employment at some point in the near future, keeping a job available for that employee while they recover or heal is in and of itself a type of reasonable accommodation.
Take this example
Let’s say an employee has less than a month left in their 12-week FMLA period and gives their employer a statement from their doctor stating that they need longer time off and will be able to return in a month. If the position is still open and keeping it open for an additional month would not pose an excessive hardship, it would likely be illegal for the company to fire the worker.
Your options if your leave of absence will be indefinite
The above assumes that you will be able to return to work at some point but are simply not ready yet. In the event that you have suffered a permanent disability that will lead to permanently being unable to return to work, or unable to return for at least 12 months, filing for Social Security Disability might be the better option.
Contact an employment law attorney for help
If you are in the unenviable situation of trying to determine how to support yourself after a long-term injury or illness, there might be legal help for you. Contact PLBH at (800) 435-7542 for help if you have been wrongfully terminated or if you need assistance filing for SSDI.