The Family and Medical Leave Act provides covered employees with up to 12 weeks of unpaid leave for certain qualifying reasons. Examples could include giving birth to or adopting a child, managing a serious illness, or caring for a family member who is ill.
California also provides additional guaranteed leave that applies to many employees who work for smaller companies than FMLA covers. And California law also offers a longer period of guaranteed time off in certain circumstances, such as for pregnancy-related disabilities and baby bonding.
Still, the protections under state and federal law both have timelines, and it’s important to understand what your options are when FMLA runs out. Our experienced FMLA retaliation lawyers in Los Angeles can help you to understand your rights, especially if you believe your employer has violated any legal protections extended to you.
What Happens When FMLA Runs Out?
At the end of your approved leave period, you are expected to return to work. You are entitled to go back to the same job you had before taking the covered leave, or to a job that is equivalent in terms of responsibility and benefits.
If your employer fails to allow your return when you’re ready to go back, you have grounds to pursue a legal claim for reinstatement or damages.
If you are not ready to return to work at the end of FMLA, you’ll need to determine if any California protections apply to guarantee additional time off. For example, the Fair Employment and Housing Act guarantees up to four months of leave for employees disabled by pregnancy, childbirth, or a related medical condition.
You can also check with your company’s policies to determine whether the company has any internal programs that allow for extended leave.
If you are not guaranteed additional leave by the state or your company’s policies, you’ll need to return to work or explore whether you’re eligible for additional accommodations under the Americans with Disabilities Act.
Reasonable Accommodations Under the ADA
The Americans with Disabilities Act provides additional protections for disabled workers, separate from the guaranteed leave under the FMLA. These protections include the right to reasonable accommodations.
Your employer may be required to make adjustments or modifications to the job to enable you to return to work in your current condition. Or your employer may sometimes allow for an extension of unpaid leave as a reasonable accommodation.
The key question will come down to whether the accommodations you are requesting place an unreasonable burden on the company or cause undue hardship. If adjusting your schedule, giving you a little extra time off, or changing job obligations wouldn’t have a major impact on company operations, the business usually has to work with you.
Getting Help From a Disability Discrimination Lawyer
If your employer is unwilling to work with you when FMLA leave has ended, and you believe your rights under the ADA or under California or federal law may have been violated, Yadegar, Minoofar & Soleymani, LLP can help.
We’ll carefully review your situation, determine if your company failed in its obligations to accommodate your disability or to provide the required leave, and we’ll help you to pursue a complaint with the Department of Labor, the EEOC, or the California Civil Rights Department.
Just give us a call or contact our employment attorneys online to schedule your free consultation and find out how we can help you.