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Local Law Firms Home > Employment Law Overview > Medical Leave Various federal and state regulations provide employees with prerogatives and protections relating to sickness, pregnancy and disability. These regulations include the Pregnancy Disability Leave Act, the Americans with Disabilities Act, and the Workers Compensation Act. There are also various state acts and laws; for example, in California, there is the California Fair Employment and Housing Act.
The Family Medical Leave Act (FMLA)) entitle workers to take up to three months of leave to assist and care for a sick family member, for childbirth, or for other personal medical reasons. \State regulations protect a worker's employment status while he or she is on medical and/or disability leave. A business that decides to terminate a worker from his or her place of employment while he or she is on medical leave can provide the worker with a similar occupation with similar compensation and occupation opportunities upon his or her return. If the employer can prove that the worker would have been fired anyway, or that a similar job does not exist at the business, the employer may not have to ensure the employee’s right to return to work. Did you know? Companies that employ less than 50 workers are exempt from certain disability leave acts, but may still have to abide by regulations implemented by the ADA and FEHA.
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