Leave of Absence & Disability

Michael Trust founded Michael Trust Law, APC after more than 35 years in HR leadership across entertainment, healthcare, higher education, finance, banking, solar energy, and other industries, including managing approximately 35,000 disability and leave-of-absence cases. He holds the SPHR, PHRca, and SHRM-SCP credentials. The PHRca is a California-specific HR credential focused on California employment law and HR practice. According to HRCI’s published pass-rate statistics at https://www.hrci.org/pass-rates, the PHRca has the lowest pass rate of all HRCI credentials — 47% as of December 31, 2025, compared with 71–84% for HRCI’s other certifications — and only 293 candidates worldwide tested for it in 2025. That HR-systems background helps identify HR process issues early, which can shape legal analysis on both sides.

Leaves and Disability

California’s leave and disability framework covers far more employees than federal FMLA and ADA. CFRA applies at 5+ employees (Cal. Gov. Code §12945.2), FEHA disability accommodation requires a documented interactive process (Cal. Gov. Code §12940(m)-(n)), and Pregnancy Disability Leave provides up to four additional months (Cal. Gov. Code §12945).

This HR background often proves relevant to CFRA, PDL, and FEHA accommodation coordination, which are among the most failure-prone areas of California HR administration.

California Leave of Absence and Disability – Employee Rights

California’s leave and disability framework is broader than federal law in nearly every respect. Where federal FMLA covers employers with 50 or more employees, California’s CFRA covers employers with 5 or more (Cal. Gov. Code §12945.2). Where federal ADA defines disability narrowly, California’s FEHA defines disability more inclusively and triggers a duty to engage in a good-faith interactive process before any adverse action (Cal. Gov. Code §12940(m)-(n)).

What California Law Requires

Eligible employees may take up to 12 weeks of CFRA leave for their own serious health condition, to care for a family member with a serious health condition, or for baby bonding (Cal. Gov. Code §12945.2). Pregnancy Disability Leave provides up to four months of additional protected leave for pregnancy-related disability (Cal. Gov. Code §12945). FEHA also requires reasonable accommodation, including leave as a form of accommodation when the leave is finite and likely to enable a return to work. Whether a particular leave is protected, and which protections apply, turns on employer size, length of service, the nature of the condition, and the documentation provided — all fact-specific. The California Legislature has expressly declared that FEHA’s disability protections are independent of and broader than those provided under the federal ADA (Cal. Gov. Code §12926.1(c)).

Kin Care: Using Sick Leave for Family

California’s Kin Care law lets you use part of your own accrued paid sick leave to care for a family member, not just yourself. You, not your employer, decide how much of your accrued sick leave counts as kin care versus personal sick time, up to the law’s cap. An employer that denies this option, or disciplines you for using it, can face a Labor Commissioner claim.

Cal. Lab. Code §233.

When to Contact Us

Most leave and accommodation problems are caused by process failures — denied requests, missed interactive-process meetings, terminations during or shortly after leave. If any of this describes your situation, a 30-minute conversation can tell you whether what happened fits a pattern California law recognizes.

Initial contact does not create an attorney-client relationship — see Disclaimers.

Cal. Gov. Code §12945.2 (CFRA); Cal. Gov. Code §12945 (PDL); Cal. Gov. Code §12940(m)-(n) (FEHA accommodation and interactive process); Cal. Gov. Code §12926.1(c)

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Frequently Asked Questions

Probably not, depending on the employer’s size and your eligibility. The California Family Rights Act (Cal. Gov. Code §12945.2) generally requires covered employers to restore an eligible employee to the same or comparable position after a protected leave. Adverse action because an employee requested or used a protected leave can also support a FEHA retaliation claim. Talk to counsel before signing any agreement or accepting a final paycheck.

Not necessarily. FEHA’s reasonable-accommodation obligation operates independently of FMLA. The California Legislature has expressly declared that FEHA’s disability protections are independent of and broader than the federal ADA (Cal. Gov. Code §12926.1(c)), and a finite extension of leave can itself be a reasonable accommodation under FEHA if it would enable the employee to return to essential job functions. The interactive process should not stop at FMLA exhaustion.

California Pregnancy Disability Leave (Cal. Gov. Code §12945) protects pregnant employees against being forced onto leave when they can perform their job, with or without reasonable accommodation. PDL is also independent of CFRA, meaning a covered employee may be entitled to both, in sequence. Document the conversation and the medical guidance you have received before deciding what to do.

FEHA claims generally require an administrative exhaustion step through the California Civil Rights Department, and statutory deadlines apply both to the administrative filing and any subsequent civil action. Deadlines can vary depending on the specific claim and circumstances, so the practical answer is to consult counsel promptly after the denial — waiting can foreclose options that are available early.

Michael Trust Law, APC stands with employees denied lawful leave or accommodations. We fight to restore fairness, recover damages, and hold employers accountable under California law.

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