Whittier, CA asked in Employment Law for California

Q: Is there a time frame that you are covered u nder the ada act? For the employer to hold your job?

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
  • Santa Ana, CA
  • Licensed in California

A: Your employer is not required to hold your job open if you cannot work due to disability. However, having said that, an employer similarly cannot terminate you solely based upon your disability. Also, your employer is required to engage in what is called the "interactive process" in an attempt to make a reasonable accommodation to find work you are able to perform due to your disability.

Some larger companies fall under the purview of the FMLA (Family Medical Leave Act) which requires an employer to provide 12 weeks of leave per year for health related reasons. Such employers must regularly employ 50 or more employees. To be eligible, employees must have worked there for one full year and worked at least 1250 hours during the prior year.

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