03 Jul The “Undue Burden” Exception to Medical Leave
The employer must provide you a leave of absence with the purpose of allowing you to obtain treatment and recover from a disability.
You can only get a finite leave of absence, but it could be quite a long time. For some of my clients, under very specific circumstances, they have been able to get more than a year of leave. The caveat is that an employer only has to provide a leave of absence above and beyond the Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave of absence as long as it doesn’t create an “undue burden” for the employer.
What constitutes an undue burden is determined on a case-by-case basis.
If you believe that your employer or prospective employer has failed to provide you with a leave of absence for a disability, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful conduct by your employer. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability leave matters. Contact the Khadder Law Firm today for a free consultation.