Was I Denied an Accommodation for my Disability or Pregnancy?
Some hard-working Californians suffer from permanent or temporary physical or mental conditions that limit major life activities and renders it difficult for these workers to fulfill all of their job duties. These workers are likely entitled to reasonable accommodations that help them rightfully overcome their mental or physical conditions. To determine the scope of the reasonable accommodation, the employer must engage in the “good-faith interactive process” in which the employer must engage in.
How Do I Get My Accommodation?
Tell your employer you have a physical or mental disability, and need an accommodation. Your employer can require medical documentation confirming you have a disability, but you do not need to have your specific diagnosis or medical or mental health documents that do so.
What Accommodations Am I Entitled To?
After your employer is aware of your disability, your employer has a duty to discuss what types of accommodations you require to successfully perform your job.
What If My Employer Is Not Able to Accommodate?
There are some situations where your employer may not be able to accommodate your medical condition. To show the employer is unable to accommodate, it must determine that your accommodation would cause an undue hardship on the company.
What if My Employer Refuses to Accommodate?
If your employer chooses not to provide you with an accommodation, your legal rights may be violated.
What If My Employer Requires Me to Take a Leave of Absence
If you are able to work with accommodation, your employer does not have the right to require you to take a leave of absence.
Under What Circumstances Would I Be Entitled to Take a Leave of Absence?
Life happens and certain life events entitle workers to a protected leave of absence. A serious health condition or caring for a close family member with a serious health condition entitles one to a leave of absence of up to twelve weeks.
Am I Entitled to Pregnancy Leave?
If you are pregnant or a new parent (mother or father) you are entitled to leave. Your employer may not retaliate against you in any way for exercising your rights to take leave to be home with your newborn.
Jackson APC is an advocate for social change in protecting physically and mentally disabled workers as well as pregnant women and new parents. If you need accommodations for a disability, pregnancy, or leave of absence, let us help you understand your rights. Please contact our firm at 949-281-6857 for a free consultation.