California workers have robust protections under state and federal law, particularly regarding disabilities. Whether you have a temporary or permanent disability, your rights in the workplace are safeguarded by legislation like the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
At Leichter Law Firm, APC, the Los Angeles employment law attorney Aryeh Leichter helps employees understand their rights and take action when employers fail to provide the accommodations or support required by law. Here’s what you need to know about temporary and permanent disabilities and your workplace rights in California.
Defining Temporary vs. Permanent Disabilities
The Leichter Law Firm is passionate about standing up for employees with disabilities. Whether your condition is temporary or permanent, you deserve respect, fair treatment, and accommodations that allow you to thrive in the workplace. Understanding the difference between the two is the first step in understanding your rights.
Temporary Disability
A temporary disability is a condition that limits your ability to perform specific tasks for a short period.
Examples include:
- A broken bone.
- Recovery from surgery.
- Pregnancy-related complications.
- Short-term mental health conditions like acute stress.
While temporary, these conditions can still qualify as disabilities under the law if they substantially limit one or more major life activities, even if the limitation is short-term.
Permanent Disability
Permanent disabilities are long-term or lifelong conditions that impact your ability to work or carry out daily activities.
Examples include:
- Chronic illnesses such as multiple sclerosis or diabetes.
- Permanent physical impairments, like paralysis or amputation.
- Long-term mental health disorders, such as schizophrenia or PTSD.
California law protects both temporary and permanent disabilities, but the accommodations and benefits may differ based on the duration and severity of the disability.
Workplace Rights for Employees with Disabilities in California
California law provides employees with significant workplace protections.
These include:
Reasonable Accommodations
Employers are required to provide reasonable accommodations to employees with disabilities, whether temporary or permanent.
Examples include:
- Adjusting work schedules.
- Allowing time off for medical treatment or recovery.
- Providing assistive devices or modified equipment.
- Adjusting job duties temporarily or permanently.
Medical Leave
Under the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave for severe health conditions, including temporary disabilities.
Protection Against Discrimination
It is illegal for employers to discriminate against employees or job applicants based on a disability. This includes refusing to hire, demoting, or terminating someone because of their condition.
Return-to-Work Rights
Employees with temporary disabilities are entitled to return to their jobs after taking leave, provided they can perform the essential duties of their position with or without reasonable accommodation.
Interactive Process
Employers must engage in a good faith “interactive process” to determine what accommodations are reasonable and necessary for an employee with a disability.
What to Do If Your Rights Are Violated
If your California employer fails to accommodate your disability or retaliates against you for asserting your rights, take the following steps:
- Document Everything: Keep records of your medical condition, accommodation requests, and communications with your employer.
- File a Complaint: You can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Attorney: An experienced employment law attorney can help you navigate the process and advocate for your rights.
Contact Our Employment Law Attorney in Los Angeles Today
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling 818-915-6624 or contacting the firm online.