The One Thing You Should NEVER Do If You Take A Medical Leave

TL;DR

Never take an open-ended medical leave without a defined end date, because courts rule indefinite leaves are an undue hardship employers don't have to accommodate.

Key Points

• 1.FMLA basics: The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave, but requires working at least 1 year and logging 1,250 hours in the past year.
• 2.Broader ADA/California protection: Even without FMLA eligibility, the ADA and California's Fair Employment and Housing Act may still entitle you to unpaid disability leave — and California's bar is low (any medical condition impairing a major life activity qualifies).
• 3.The critical mistake: Doctors often write patients off work without specifying a return date, but courts have ruled employers are NOT required to hold a position open for indefinite, open-ended leaves.
• 4.The fix: Always get a defined end date on your leave paperwork — you can extend it multiple times, but it must have a finite endpoint each time to remain legally protected.