When an employee develops a medical condition that affects their ability to work, California law generally requires employers to explore reasonable accommodations that would allow the employee to continue performing their job. Unfortunately, some employers take a different approach. Rather than engaging in the required interactive process, they place the employee on medical leave or suggest that leave is the only available option.
While medical leave can sometimes be an appropriate accommodation, forcing an employee onto leave without first considering reasonable alternatives may violate California law. In certain situations, an employer’s decision to remove an employee from the workplace can become the basis for a disability discrimination claim.
The Difference Between Accommodation and Leave
A workplace accommodation is a modification that allows an employee with a disability or medical condition to perform the essential functions of their position.
Examples may include:
- Modified work schedules.
- Remote or hybrid work arrangements.
- Ergonomic equipment.
- Temporary job restructuring.
- Reassignment of non-essential duties.
- Transfer to a vacant position.
Medical leave can also qualify as an accommodation. However, California law generally views leave as one potential solution among many, not necessarily the first or only option.
Employers Must Engage in the Interactive Process
Under California’s Fair Employment and Housing Act (FEHA), employers have a duty to engage in a good-faith interactive process once they become aware that an employee may need an accommodation.
This process typically involves:
- Discussing the employee’s limitations.
- Reviewing medical restrictions.
- Exploring possible accommodations.
- Considering alternative solutions.
- Evaluating whether accommodations would allow the employee to continue working.
An employer cannot simply assume that an employee is incapable of performing their job because of a medical condition.
When Forced Leave Becomes a Problem
Some employers view medical leave as the easiest way to address workplace restrictions. Rather than evaluating accommodations, they remove the employee from active employment.
Potential warning signs include:
- Placing an employee on leave immediately after receiving medical restrictions.
- Refusing to discuss alternative accommodations.
- Assuming the employee cannot perform the job without conducting an individualized assessment.
- Ignoring accommodation requests that would allow continued employment.
- Treating leave as mandatory rather than voluntary.
In these situations, the employer may be bypassing legal obligations that require a more individualized analysis.
California Law Favors Keeping Employees Working When Possible
The purpose of disability accommodation laws is to help qualified employees remain employed whenever reasonable accommodations can make that possible.
For example, an employee recovering from surgery may be able to perform job duties with temporary restrictions. A worker with a chronic medical condition may need a modified schedule rather than an extended leave of absence. An employee managing a disability may be able to work remotely for part of the week.
When reasonable solutions exist, employers generally cannot force employees out of the workplace simply because accommodations require effort or flexibility.
Stereotypes and Assumptions Can Lead to Discrimination
Assumptions rather than facts sometimes drive forced medical leave decisions.
Employers may incorrectly believe:
- A medical condition automatically prevents productive work.
- Employees with disabilities present safety concerns.
- Accommodations will be too disruptive.
- Leave is always the safest legal option.
California law generally requires employers to evaluate the specific employee and the actual limitations involved, rather than relying on generalized assumptions about medical conditions.
Retaliation Concerns May Also Arise
In some cases, forced leave occurs shortly after an employee requests an accommodation or discloses a medical condition.
Potential concerns may arise when:
- The employee previously received positive performance reviews.
- The leave begins shortly after the request for accommodations is made.
- The employer becomes less communicative after the request.
- The employee will be terminated following the leave period.
These situations may involve not only accommodation issues but also claims involving retaliation or disability discrimination.
Documentation Can Be Important
Employees facing forced medical leave may benefit from preserving records related to the accommodation process.
Helpful documentation may include:
- Accommodation requests.
- Medical certifications.
- Emails discussing restrictions.
- Employer responses.
- Notes from meetings.
- Leave notices and related communications.
These records often help establish whether the employer genuinely explored accommodations before removing the employee from the workplace.
Contact Us to Learn When a Legal Evaluation May Be Appropriate
Employers are not required to grant every accommodation request. However, they are generally required to engage in a meaningful process and to consider reasonable alternatives before forcing an employee to take leave.
Leichter Law Firm represents employees throughout Los Angeles County and across California in disability discrimination, failure to accommodate, retaliation, and wrongful termination matters. Ari Leichter helps employees evaluate whether employers complied with their obligations under California disability laws and whether accommodation requests were handled appropriately.
Employees who were placed on involuntary medical leave after requesting accommodations may benefit from a confidential legal consultation to better understand their rights and potential legal options. Contact Ari Leichter today to discuss the circumstances and learn more.