California Employment Law Attorneys
In California, disabled workers enjoy broad protections in the workplace. Your employer cannot fire you, demote you, reduce your hours or take other adverse actions against you based on your disability. In addition, in certain circumstances your employer is required to accommodate your disability by providing you with leave to take care of your health condition.
I'm San Francisco employment lawyer Stephen M. Murphy. I represent disabled people in the Bay Area and Northern California who have been illegally terminated or denied their rights under the law. If you have suffered an adverse action from your employer, I offer a free initial consultation to discuss your case.
When Can I Take Disability Leave?
The Family and Medical Leave Act provides up to 12 weeks of unpaid leave in a 12-month period to recover from a serious health condition. Many employees may not be eligible for FMLA leave because they work for a small employer or haven't worked the minimum number of hours in the previous year. Those employees may, however, be entitled to take a leave of absence as an accommodation for a disability under the Fair Employment and Housing Act.
Moreover, even employees eligible for FMLA leave may be entitled to more than 12 weeks leave when their condition qualifies as a disability. The employee's entitlement to leave depends on several factors including the length of the leave, the employer's general leave policies, and whether the leave is for a definite period of time.
California also provides State Disability Insurance (SDI) for disabled workers. SDI is a temporary, partial wage-replacement insurance plan. All employers and employees pay into the fund.
Free Lawyer Consultation
For more information about disability leave or to consult our San Francisco disability leave attorneys, call 415-986-1338, or fill out the contact form on this website.