Medical Leave as Reasonable Accommodation in California
Is Medical Leave a Reasonable Accommodation Under California Law?
Yes.
Under California law, medical leave — including extended medical leave — may be a reasonable accommodation for an employee with a disability, even when the employee is not eligible for FMLA or CFRA, or after those leaves have been exhausted.
This is one of the most misunderstood (and most frequently violated) areas of California employment law.
California Disability Accommodation Law Provides Leave Beyond FMLA and CFRA
Many employers wrongly believe that once FMLA or CFRA leave ends, their obligations end too.
They do not.
California’s disability discrimination law requires employers to consider reasonable accommodations, which may include:
Medical leave
Additional leave beyond statutory limits
Modified schedules
Temporary job modifications
Gradual return-to-work arrangements
Automatically firing an employee because they need medical leave can violate California law.
You Do Not Need to Qualify for FMLA or CFRA to Be Protected
This is critical.
Even if:
You have not worked long enough
Your employer is too small for FMLA
Your leave request exceeds statutory limits
Your leave is unpaid
…medical leave may still be required as a reasonable accommodation under California law.
Employers often get this wrong.
The Employer’s Duty to Engage in the Interactive Process
When an employee needs medical leave related to a health condition, the employer must engage in a good-faith interactive process.
This means the employer must:
Communicate with the employee
Understand the medical limitation
Explore reasonable accommodations
Consider leave as one possible option
Terminating an employee instead of engaging in this process is often unlawful.
How Employers Violate the Law
Employers often fire employees who need medical leave by:
Declaring the employee “ineligible” and ending the analysis
Refusing to consider extended leave
Claiming they cannot hold the position open
Terminating immediately after leave is requested
Ending employment when FMLA or CFRA expires
Labeling the termination as “job abandonment” or “attendance issues”
Employers often never meaningfully discuss leave as an accommodation. The result is often a violation of clear law.
Mental Health Conditions and Medical Leave
Mental health conditions such as depression, anxiety, PTSD, and related disorders may qualify as disabilities under California law.
Medical leave for treatment, stabilization, or recovery may be a reasonable accommodation.
Employers often mischaracterize these situations as performance or attendance problems. Courts often see through that framing.
Pregnancy-Related Medical Leave Is Strongly Protected
Pregnancy-related conditions are afforded strong protection under California law and medical leave related to pregnancy is not limited by a specific amount of “PDL” or “FMLA” or “CFRA.” Just as with other conditions, pregnancy-related conditions call for an interactive process and may require extending leave beyond any other leave as a reasonable accommodation.
Medical leave related to:
Pregnancy
Childbirth
Postpartum recovery
Related mental health conditions
…often implicates multiple overlapping legal protections.
Firing an employee instead of accommodating pregnancy-related medical needs is frequently unlawful.
Can an Employer Fire You Instead of Accommodating Leave?
Only when very specific conditions are met. You should call us and/or submit a case review form if you find yourself in this circumstance.
Termination After Leave Is Requested or Discussed
Many employees are fired shortly after:
Disclosing a medical condition
Requesting leave
Providing medical documentation
Asking about accommodations
Timing matters.
Terminations closely following these events often raise strong inferences of discrimination or retaliation.
Do You Have a Case?
You may have a claim if:
You were fired for needing medical leave or a leave extension
Your employer failed to discuss or offer you leave as a reasonable accommodation
You were terminated for suspect reasons around the time you needed or took medical leave (FMLA/CFRA/or other)
Your employer said leave was “not allowed”
You were told your position could not be held
Your employer used your leave against you as an “attendance” issue
These cases often are developed through documentary and witness evidence undermining the employer’s position.
Ask a Medical Leave Termination Lawyer - Call or Submit Our Free Case Review Form
You do not need to know you have a case before reaching out. Many of our clients were unsure at first. They simply knew something felt wrong. We can review what happened to you and help you understand your options.