Legal Question in Disability Law in California
if an employee is on FMLA leave for a mental health disorder. But previous to FMLA leave failed a drug test. Does the company have to wait untill, employee returns back to work, to pass dicipline.
Asked on 12/06/11, 3:05 am
1 Answer from Attorneys
Terry A. Nelson
Nelson & Lawless
No. FMLA is not protection from otherwise legitimate actions, such as termination for cause.
Answered on 12/07/11, 9:35 am