Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA)

The ADA applies to employers with 15 or more employees and requires an employer to reasonably accommodate a qualified employee with a disability. FEHA requires all employers with five employees or more to reasonably accommodate employees who have a disability.  A reasonable accommodation may include a protected leave of absence from work, the duration of which depends upon the disability.

An employer’s policy may not impose a limit to time off work for a disability, all cases are to be evaluated separately and all accommodations that do not impose an undue hardship on the employer must be granted.  Whether a leave will impose an undue hardship on the employer is a very fact intensive inquiry and will depend on the duration and type of the leave as well as the size and resources available to the employer.

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DISCLAIMER:  This information provided here is intended to provide accurate, general information about protected leaves available to employees. Because laws and legal procedures are subject to frequent change and differing interpretations, Teamsters 856 cannot ensure that the information in this guide is current, nor be responsible for any use to which it is put.  Do not rely on this information without first consulting with your representative and/or consulting an attorney or the appropriate agency about your rights.  Members with specific leave questions may contact their representative and/or Staff Attorney and Leave Coordinator Susanna Farber.