California workers may encounter personal situations that result in a need for extended time away from their jobs. In certain family or medical situations, job-protected leave may be taken under the Family and Medical Leave Act, which provides for up to 12 work weeks of time off within a period of 12 months. Disabled employees might face situations in which their need for leave exceeds the limits of FMLA, in which case the Americans with Disabilities Act could come into play. In both situations, timing can be confusing. Employers and employees can benefit from a clear understanding of these factors to minimize misunderstandings and abuses.
When employees make use of their
ADA leave is not clearly limited in terms of maximum leave. Employers are expected to provide comparable options to those afforded to other employees. Additionally, they should allow for the use of accumulated paid leave first. In addressing the needs of disabled employees, it may also be possible to identify accommodations that would facilitate ongoing employment instead of the need to use leave.
Employee rights for disabled parties can be violated because of misunderstandings or intentional choices by employers. If a wqorker believes that a request for certain accommodations is reasonable and is being ignored, it may be helpful to obtain legal counsel to better evaluate the situation and the available options.