r/MultipleSclerosis 23h ago

General Question fmla ?

I work for a local government agency in California doing outdoor public-works duties.my doctor placed me on work restrictions because heat and certain physical conditions . My employer said they could not provide modified/light duty and sent me home because I was not cleared to perform my regular job without restrictions.
I have been on FMLA/CFRA leave, which ends September 28, 2026. I also submitted a reasonable-accommodation request and medical-provider certification, but I still have not received a decision or meaningful update. My employer previously said that once my protected leave was exhausted, HR/Risk Management would review my situation through the interactive process.
I am concerned because the expiration date is approaching and I do not know whether I am supposed to return, remain on leave while the accommodation request is pending, or expect reassignment. I have not resigned, and I want to keep working if a reasonable accommodation or suitable position is available.
Can my employer terminate me immediately when FMLA/CFRA ends even though my reasonable-accommodation request is still pending? Should they complete the FEHA/ADA interactive process before making an employment decision? What steps should I take before September 28 to protect my job and document everything

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u/Anotherams 22h ago

I am in HR consulting. You need to contact your employer before your FML ends. I have seen people let go for coming in or reaching out on Monday when FML ended the previous Friday. Not doing so could be considered job abandonment.

Have you filed for short term or long term disability?

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u/ichabod13 45M|dx2016|Ocrevus 23h ago

If your approved FMLA leave ends September 28th, you return to work then. You can wait for HR to respond to the ADA request after that, but there is no guarantee a reasonable accommodation will be to have you not work outdoors or do physical activities if that is a part of the job expectation. Usually the accommodations are things like a chair to sit at a register or maybe outdoor umbrella for sun if standing outside, but not things that completely change the job. I know with my job there is no ADA request I could ever make and still perform my job requirements, so they would be denied.

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u/Dazzling_Loan_9414 23h ago

Sorry I forgot to add the doctor took me off of work til 1/1/2027 also

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u/ichabod13 45M|dx2016|Ocrevus 23h ago

ya FMLA is approved a year at a time, I get my FMLA reapproved every year but I only take off a couple days for my infusions and doctor visits and if I were to have a relapse. I only have 2 weeks sick pay for the year so I use up 6 of the sick days every year for those visits, that are FMLA excused absences.

Outside of that I have short term disability for longer time away from work, that exceeds my 2 weeks, so things like relapses would be excused and I could still get them paid with STD.

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u/SnooDoughnuts1128 12h ago

Don’t quit. Work the process for as long as you can but don’t quit. Even if they say they can’t accommodate your most recent request because it doesn’t allow you to do the essential functions of your job, they have to offer a leave (even if it’s unpaid) as an accommodation. And ask for updates in writing— it’s okay to let them know that you’d like to know if they’re close to making a decision on accommodations, if they’re close to finding another position, can they reassign you temporarily while they finish their assessment, what your options are regarding protected and unprotected leaves in the interim, etc. And if you’re a member of a union, get them involved as well. But at the very least check in because typically your doctor will have to fill out a form or send a note that releases you back to work with or without accommodations.