Yes, it is possible to be terminated while on disability in California. However, there are regulations in place to protect employees from being unfairly terminated due to their disability status.
What are the laws protecting employees on disability in California?
In California, there are several laws in place to protect employees who are on disability:
- The California Fair Employment and Housing Act (FEHA) prohibits discrimination against employees with disabilities.
- The Americans with Disabilities Act (ADA) also protects employees with disabilities from discrimination in the workplace.
- The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid leave for certain medical conditions, including disabilities.
Can an employer terminate an employee on disability leave in California?
While it is possible for an employer to terminate an employee who is on disability leave in California, there are specific guidelines that must be followed:
- An employer cannot terminate an employee solely based on their disability status.
- An employer must provide reasonable accommodations for disabled employees, including time off for medical treatment or disability leave.
- If an employer does terminate an employee on disability leave, they must have a legitimate, non-discriminatory reason for doing so.
What are some examples of legitimate reasons for terminating an employee on disability?
| Legitimate Reasons for Termination |
|---|
| Poor job performance that is unrelated to the disability |
| Violation of company policies or misconduct |
| Company-wide layoffs or downsizing |
Employers must be able to prove that the termination was not related to the employee’s disability in order to avoid legal repercussions.
What steps can an employee take if they believe they were wrongfully terminated while on disability in California?
If an employee believes they were wrongfully terminated while on disability in California, they can take the following steps:
- Contact the California Department of Fair Employment and Housing to file a discrimination complaint.
- Consult with an employment law attorney to discuss their legal options.
- If eligible, file for unemployment benefits through the California Employment Development Department.
Are there any exceptions to the rules protecting employees on disability in California?
While there are strict laws in place to protect employees on disability in California, there may be exceptions in certain situations:
- If the employee’s disability prevents them from performing essential job functions with or without reasonable accommodations.
- If the employee’s disability poses a direct threat to their own health or safety, or the health and safety of others in the workplace.
Can an employer require an employee on disability to return to work?
An employer can require an employee on disability to return to work if the employee is able to perform essential job functions with or without reasonable accommodations. However, the employer must engage in the interactive process to determine what accommodations are needed for the employee to return to work.
What are the possible outcomes for an employee terminated while on disability in California?
If an employee is terminated while on disability in California, there are several possible outcomes:
- The employee may file a lawsuit against their employer for wrongful termination based on disability discrimination.
- The employee may be entitled to receive compensation for lost wages and damages related to the termination.
- The employee may also be eligible for unemployment benefits through the California Employment Development Department.
In conclusion, while it is possible to be terminated while on disability in California, there are legal protections in place to ensure that employees are not unfairly discriminated against based on their disability status. It is important for both employees and employers to understand their rights and responsibilities under the law.