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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
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Employee injured outside of work. california. hurt hand. do

Customer Question

employee injured outside of work. california. hurt hand. do i have to provide some sort of reasonable accommodation?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
How many total employees does the company have? How long has this employee been employed?
I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
140. Less than 5 years.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. There are a couple of laws that potentially protect the employee in this circumstance. First is the Family Medical Leave Act. Under the FMLA, employees who work for companies with 50 or more employees in a 75 miles radius of their worksite who have been employed for at least one year and worked at least 1250 hours in the past 12 months are entitled to up to 12 weeks of protected but unpaid job leave for any "serious health condition." A serious hand injury can certainly rise to the level of a "serious medical condition," and so it would be prudent to let the employee know that their leave is being counted toward the 12 weeks mandated by the FMLA and to give them this form to certify their leave: http://www.dol.gov/whd/forms/WH-380-E.pdf Beyond the FMLA, something called the Fair Employment & Housing Act requires employers to "reasonably accommodate" employees suffering from medical conditions which "impair a major life function." However, unlike the FMLA, the FEHA does not mandate a particular amount of protected time off work. An employer may be required under FEHA to offer additional time off above and beyond what the FMLA requires, but ONLY to the extent that the employer does not incur "undue hardship," defined as significant difficulty or expense. So, once the employee's 12 weeks of protected FMLA leave are up (assuming the qualify) you can terminate them as soon as you can demonstrate that holding their position any longer, or offering any other sort of accommodation that might allow them to keep their job (i.e. telecommuting or modified job duties) would cause undue hardship. These are the extent of legally protections that would typically apply under the circumstances you have described. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.

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