Legal Question in Medical Leave in California

Can I shorten the FMLA that my work is extending to me?

My doctor has informed me that I may not work 40 hours a week due to a permanent disability (a stroke). She wants me to work 8 - 10 hrs a week, but my empoyer is stating that I MUST use the 100 days FMLA before I can claim permanent disability and start working again (at the same place) for 8-10 hours a week. Do I have to wait out the 100 days FMLA ,receiving 1/2 pay, before I can start working with the same company on a VERY reduced schedule? If I do, then I lose alot of money in the interim 100 days. my Dr has said I can work 8-10 hours a week, but cannot go back to a 40 hr a week job. Help.


Asked on 11/12/08, 5:10 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Can I shorten the FMLA that my work is extending to me?

For starters, the company would not have to take you back 'on a VERY reduced schedule ... of 8 - 10 hrs a week'. That would not be required or imposed as an 'accommodation' of a permanent disability. If you were full time before, then you have to be able to return to work essentially full time to qualify to return, and then must be able to do all essential functions of your job with 'reasonable accommodation' imposed by your doctor.

If this company is willing to voluntarily take you back that way, then you should work with them reasonably. However, a company may not force you to take or use FMLA leave, that is your choice. If their insurance rules require 100 days qualifying period before start of disability leave payment, which is not uncommon, then you can either sit out on FMLA leave or sit out without leave. Your choice.

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Answered on 11/13/08, 7:02 pm


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