Legal Question in Disability Law in California
My son-in-law has a seizure disorder normally controlled by medication. He had a seizure at work, his employer called an ambulance. Not necessary, his brother (who works there and has same disorder) stated he would take him to hospital once seizure had passed. They now don't want to pay medical bill. He is trying to transfer to a more local store to be with his family and the current store is requiring him to sign a letter stating that if he seizes at work, he will be responsible for any medical bills as a result of the seizure. This letter would of course follow him in his file. Is this legal? What if his current manager has told the store he's transferring to of his condition? Is that legal? His brother employed for 10 years with same store does not have this letter in his file.
1 Answer from Attorneys
It is not an employer's responsibility to pay for an employee's medical bills that are not work related. A person who calls an ambulance to come to the aid of someone in distress is not liable for the cost, even if there was alternative aid available.
Clearly, there needs to be better communication between your son-in-law and his employer regarding the nature of his disorder and the proper reaction in the event of a seizure. It is unlawful for an employer to discriminate against employees who suffer from disabilities and they are required to reasonably accommodate such, as long as the accommodation does not cause an undue hardship to the company. But paying for the employee's medical bills is not a form of reasonable accommodation.
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