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DISABILITY AND REHABILITATION LEAVE


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

Yes - Federal contractors and employers receiving federal assistance. (Rehabilitation Act) Also employers with 25 or more workers now or 15 or more workers as of July 26, 1994. (Americans with Disabilities Act [ADA])

Required?

Yes - Employers with 5 or more workers. (Fair Employment and Housing Act [FEHA]) Employers with 25 or more workers must accommodate employees with drug and alcohol problems.

Employer Choice - Must allow use of paid sick and vacation benefits if available.

Paid/Unpaid?

Employer Choice - Must allow use of paid sick and vacation benefits if available.

Disabled employees who are otherwise qualified for the job. Leave must be a reasonable accommodation which poses no undue hardship for the employer.

Applies to?

Disabled employees who are otherwise qualified for the job. Leave must be a reasonable accommodation which poses no undue hardship for the employer.

Physical or mental impairment which limit one or more major life activities (such as working).

Reasons for leave?

Physical or mental impairment which limit one or more major life activities (such as working). Employee requests to participate in drug or alcohol rehabilitation programs.

Dependent upon the opinions of physicians selected to evaluate employee's medical condition.

Duration?

Dependent upon the opinions of physicians selected to evaluate employee's medical condition.

Unclear. Employees should be given same consideration as others returning from temporary leaves.

Guaranteed return to work?

Unclear. Employees should be given same considerations as others returning from temporary leaves.

Employee accommodation may impact specific job assignment.

Guaranteed job assignment?

Employee accommodation may impact specific job assignment.

Employer may require employee to provide documentation of employee's functional limitations from qualified medical professionals.

Employer verification?

Employer may require employee to provide documentation of employee's functional limitations from qualified medical professionals.

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