Has anyone been terminated from their employer due to alleged undue hardship when their leave of absence exceeded 6 months (it will be about 10 months post delivery for me by the time I return due to medical complications)? For additional context, I’m in CA and I don’t think my employer likes me (I didn’t meet my hours last year due to the pregnancy even though I did meet my hours the year I was not pregnant).

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Under the ADA, 12 mos of leave is a considered reasonable accommodation. Lots of case law on this. It’s very, very difficult for an employer to establish undue hardship. Case law based on the FEHA is even more generous. Pretty surprising for a CA employee to take this position. Go see a lawyer. This isn’t a battle they can likely win. You can usually settle via a demand letter and mediation so you don’t have a public record of suing your employer. Good luck! I’m sorry this happened to you.

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