As a small employer, what are our options for an employee who has been on disability for two months?

The federal Family and Medical Leave Act (FMLA) does not apply to employers with fewer than 50 employees; however, the California Family Rights Act (CFRA) covers small employers with five or more employees. The CFRA requires employers to provide up to 12 weeks of unpaid job protected leave for qualifying reasons, including for the employee’s serious health condition.

If the CFRA doesn't apply to your circumstances (e.g., employee not eligible for CFRA or has no CFRA leave available), there is an additional legal issue to consider. The California Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate an