Leaves of Absence & Disability

Various federal and California law protect certain types of leave. Additionally, federal and California laws protect against discrimination due to disability.   

Federal laws include such laws as the Family Medical Leave Act (FMLA), Pregnancy Discrimination Act, Pregnant Workers Fairness Act, and the Americans with Disabilities Act (Amended) (ADAAA).  California laws are found in the Department of Civil Rights (CRD) (formerly the Department of Fair Employment and Housing), and include the California Family Rights Act, California Pregnancy Disability Leave as well as disability protections under the Fair Employment and Housing Act (FEHA). Further, California Paid Sick Leave is another regulation.

These laws generally have a minimum employee count or geographic component. 

Examples of issues include:

• Termination for requesting or using a protected leave
• Termination for asking for a disability-related reasonable accommodation
• Disallowance of a service or emotional support animal
• Discipline for requesting or using a protected leave
• Discipline for asking for a disability-related reasonable accommodation
• Discipline for asking for the use of a service or emotional support animal
• Change in job duties for because of any of the above
• Different treatment because of any of the above, including change of pay or benefits
• Retaliation because of any of the above (see the "Retaliation" section of this website).

But until you discuss the specific facts of your situation with an employment attorney, you won’t know. 

Contact Michael Trust Law, APC today to discuss your situation.