Has my employer failed to engage in the interactive process?

Being placed on unpaid leave with no clear end date is understandably stressful, especially after living with a permanent disability for this long.

Under California’s Fair Employment and Housing Act (FEHA), which covers employers with five or more employees, an employer that knows about an employee’s disability generally must engage in a timely, good-faith “interactive process.” That means a real back-and-forth conversation about whether an accommodation, such as modified duties, a different schedule, or reassignment to an open position, would let the employee do the essential parts of the job. Failing to engage in that process can be a separate legal claim from failing to provide an accommodation, although many courts also expect the employee to show that a workable accommodation was available at the time.

A leave of absence with a defined end date can be a reasonable accommodation. However, courts have held that employers are not required to provide indefinite leave, and leave generally isn’t meant to replace the conversation itself. Who reached out, who responded, what was offered, and what medical information was shared often become the key questions.

As for why employment hasn’t been ended, employers sometimes keep someone on leave rather than terminate them for reasons tied to benefits, workers’ compensation, or legal risk. On its own, that isn’t necessarily a good or bad sign.

Timing matters. A disability discrimination complaint generally must be filed with the California Civil Rights Department within three years, and a workplace injury also brings in separate workers’ compensation rules. Because these deadlines can be strict, having an employment attorney review the letters, emails, and medical records sooner rather than later can help clarify the available options.