Understanding Leave Policies: Disability + Challenges

by | Apr 22, 2024 | Discrimination, General Issues, Wage & Hour

employee in hospital bed on disability leave



In our previous blog, we discussed the intricacies of sick and family leave. At Rothschild and Alwill, APC, we also recognize the complexities and challenges employees face when navigating disability leave policies. Understanding your rights and the legal intricacies associated with taking disability leave is crucial for both employees and employers.

This blog aims to shed light on California’s disability leave laws, focusing on the rights and responsibilities under statutes such as the California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). We will also explore practical challenges and provide guidance on how to effectively navigate these issues.

Our goal is to empower employees to manage their health and maintain their employment, while assisting employers in complying with their legal obligations to accommodate employees and foster an inclusive workplace. This discourse is intended to outline the process of requesting and taking disability leave, ensuring that all parties are well-informed and equipped to handle these sensitive situations with confidence and legal foresight.

Understanding Disability Leave

In California, employees with disabilities are afforded comprehensive rights to take disability leave, supported by both state laws and the Americans with Disabilities Act (ADA). State laws, particularly the California Fair Employment and Housing Act (FEHA), complement the ADA by providing broader coverage and more stringent protections. The FEHA applies to employers with five or more employees, whereas the ADA covers employers with 15 or more employees. Both laws require that employees with disabilities are provided with reasonable accommodations, which may include disability leave, if needed.

The interplay between these laws ensures that employees can take disability leave as a form of reasonable accommodation for a disability, provided that such leave does not create undue hardship on the operation of the business. This leave can be used for a variety of purposes, such as:

  • receiving treatment,
  • recuperating from illnesses or operations, and
  • rehabilitation

Importantly, the disability leave under these statutes is not necessarily in addition to other leaves provided by the employer, but is instead integrated into the overall leave structure to accommodate the specific needs of employees with disabilities. This holistic approach allows for a flexible interpretation that accommodates the unique circumstances of each case, promoting an inclusive workplace where employees can manage their health effectively.

In addition to these laws, California’s workers’ compensation laws play a crucial role in the context of workplace injuries. These laws ensure that employees who are injured on the job receive medical treatment and compensation for lost wages. Workers’ compensation also includes provisions for necessary rehabilitation and, in some cases, job retraining, further supporting an employee’s recovery and reintegration into the workplace.

    Seek Legal Action

    Legal counsel can help you understand your rights, available options, and advise you on gathering the necessary documents and witnesses to support your claim.

    Since 2001, the attorneys from Rothschild & Alwill, APC have dedicated themselves to workers needing legal assistance. Our experienced labor and employment lawyers can advise you on any potential legal claims. You deserve sound judgment, hard work, skilled representation, and to be treated with dignity during every step of the process.

    Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.


    Employer Responsibilities for Accommodations


    Employers have a legal obligation to provide reasonable accommodations for employees with disabilities, which can include modifications to the work environment or adjustments to the work duties. A reasonable accommodation is essentially any change to the work environment that allows an individual with a disability to have equal employment opportunities. Examples of reasonable accommodations might include ergonomic office equipment, modified work schedules, permission to work from home, or physical alterations to the workspace.

    Central to the accommodation process is the requirement for employers to engage in what is known as the “interactive process,” which is a collaborative effort between the employer and the employee to find appropriate workplace accommodations. This process requires good faith communication to explore various accommodation options and their potential implementation. It is an ongoing dialogue that must consider the employee’s specific medical limitations, the essential functions of the job, and possible accommodations that can help the employee continue working.

    Failure to engage in the interactive process can lead to violations of both the FEHA and the ADA. The process is not merely a formality; it is a crucial component of the legal responsibilities that employers bear. It ensures that accommodations are tailored to the individual’s needs and integrated seamlessly into their professional life, thus upholding their rights and dignity at work. By diligently adhering to these responsibilities, employers not only comply with the law but also contribute to a more inclusive and equitable work environment.


    Common Issues with Disability Leave and How to Address Them

    Employees seeking to utilize leave policies often encounter several challenges that can impede their ability to take necessary leave. Common issues include the denial of rightful leave and retaliation from employers after a leave request is made. These problems can arise from misunderstandings of the legal requirements, deliberate non-compliance, or administrative errors.

    To address the denial of rightful leave, employees should first ensure that they have a clear understanding of their leave entitlements under both state and federal laws. If a leave request is denied, employees should request a written explanation for the denial to understand the employer’s reasoning. It’s also advisable for employees to consult with HR or a legal expert specializing in employment law to review the case and ensure that the denial does not violate any legal provisions.

    In cases of retaliation, which can include demotion, reduction in hours, or even termination after requesting or taking leave, employees should document all related interactions and any changes in their employment status following the leave request. This documentation can be crucial if legal action becomes necessary. It is illegal for employers to retaliate against employees for exercising their rights under leave policies, and employees may have grounds for a complaint to the California Department of Industrial Relations.


    The Role of Documentation and Communication


    Accurate documentation and clear communication are essential when navigating leave policies. Employees should maintain thorough records of their work hours, leave requests, and any communications related to leave, including emails and written notices. This documentation can serve as important evidence in resolving disputes over leave entitlements and can help clarify the details of the leave agreement between the employer and the employee.

    From the outset, employees should communicate their leave plans as clearly and as early as possible to their employer. This includes providing advance notice in accordance with the policy requirements, or as soon as reasonably practicable in cases of unforeseen medical emergencies. When requesting leave, it’s beneficial to reference the specific leave policy being utilized and to provide all necessary documentation, such as medical certificates, to support the request.

    Employers, on their part, should also maintain accurate records and ensure their leave policies are communicated clearly and are accessible to all employees. They should train management and HR personnel on how to handle leave requests appropriately and legally. Effective communication between employees and employers, supported by thorough documentation, is key to preventing misunderstandings and ensuring that leave policies are applied fairly and consistently, thereby fostering a cooperative and supportive workplace environment.




    Navigating disability accommodations in California requires a comprehensive understanding of the legal framework established by key legislations such as the California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). These laws ensure that employees with disabilities are entitled to reasonable accommodations, including disability leave, which are essential for their health management and workplace inclusion. The laws also necessitate an interactive process between employers and employees, designed to determine the most effective accommodations on a case-by-case basis.

    Understanding these leave policies is not only critical for safeguarding employees’ rights but also for fostering a supportive and lawful workplace. It empowers employees to advocate for themselves when necessary and enables employers to fulfill their legal obligations, thereby contributing to a more equitable work environment.

    For employees facing challenges with leave policies or who need clarification on their rights and the proper procedures to follow, seeking professional legal advice is highly recommended. Issues related to disability leave and accommodations can be complex, and professional guidance can help in effectively navigating these issues.

    For further legal consultation or more detailed information about disability accommodations and leave policies in California, you can schedule a consultation with the experienced employment attorneys at Rothschild & Alwill, APC. They can advise you on how to make the best of telecommuting arrangements. Email us or call our office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.