The short answer is, "no." An employee cannot terminate a disabled or injured employee just because their FMLA leave expires. At that point, the question becomes whether continuation of the leave beyond 12 weeks is a reasonable accommodation for a disability. In other words, if it doesn't pose an undue hardship on the employer, then the employee must be allowed sufficient time to recover and return to work, with or without further accommodations.
What family and medical leaves are available to California employees?
California offers several different options for employees who need to take a family or medical leave. Each type of leave offers different benefits and/or levels of protection. Below we have provided a brief overview of some of the major programs available to California employees.
