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today we are talking about the one thing you should never ever do if you take a medical leave stay tuned for this video this is something that might save your job hello my name is brandon ortiz i'm an employment lawyer with ortiz law office in sunny burbank california uh as always i have to start off this video with the disclaimer that i am not providing you with legal advice i'm just providing you with general information if you have questions or concerns about your particular situation you should contact an employment lawyer now something a lot of people know is that a law called fmla the family and medical leave act give employees at certain types of businesses and i'll get to that in a minute but it gives employees at certain types of businesses uh up to 12 weeks of unpaid job protected leave now certain types of businesses the business has to be a certain size uh you have to uh have worked there at least a year you have to have at least uh 1 250 hours of service within the last year so there are a lot of requirements that you have to meet in order to get that 12 weeks of protected leave and you know most people are aware of that but the one thing a lot of people are not aware is that even if you do not qualify for fmla leave under the americans with disabilities act and in california under the fair employment and housing act you may still be entitled to unpaid leave if you have what is called a disability for purposes of the law and disability for purposes of the ada and employment law in california is very different than uh disability for purposes of say social security or for disability insurance or disability benefits um to be disabled under california law all you have to show is that you have a medical condition that impairs a major life activity that's it it's a very low standard if you have back pain and that impairs you from walking as opposed to somebody who doesn't have back pain you are disabled in the eyes of california law it's a very low standard most people actually have some sort of disability fortunately most of us usually don't need a disability leave but if you are ever in that situation where you do it's extremely extremely important that you have an end date on your disability leave because the employer does not have to hold a job open forever and this is a mistake i see all the time right the doctor will write you off work but they don't they don't tell you a specific uh defined period of time you know and the doctor you know in fairness to the doctor you know they're not experts on employment law they don't really know the significance of them having given you an indefinite leave however the law case law on this subject is very unfavorable for employees and the law is is that an employer does not have to give somebody an open-ended indefinite leave of absence uh to recover uh from a disability or an injury and um unfortunately i run a claw across a lot of clients who you know the doctor doesn't put an end point for the medical leave you know and the doctor's saying hey you know check with me in a month check me with me in two months and we'll assess and don't do that because that can cost you your job um if you're going to request a disability leave it needs to have a finite end to it now the good news is that you can extend it and then you can extend it again and you can extend it for a very long time however if it's indefinite if it's open ending the the perspective that the courts have taken is that it's not fair to a business you know say to have to hold a job open for three years not knowing if this person's ever going to return and that's just an undue hardship to the business if you like what you saw today please be sure to click like click subscribe down below if you're having problems at work or you were just recently terminated and you need legal advice don't hesitate to give me a call 888 37 ortiz 888 37 ortiz ortiz the number is down below and my website is also down below ortizlawca.com stay safe