Legal Question in Disability Law in California
My wife has a medical condition which was uncontrolled for a few days and caused her to miss work. After rebalancing her medication and obtaining a note from a physician's assistant she tried to return to work. However the employer forced her to give all of her medical file to their doctor. Now they will not allow her to work until their doctor clears her. However she has been missing weeks of work at this time. Is there anything we can do? I believe they have her on unpaid administrative leave but they are unwilling to comment. What can we do? My wife has done nothing wrong and yet we are being punished financially in these hard times by lack of income. Thanks
1 Answer from Attorneys
I don't know how they forced your wife to give her entire medical file to their doctor, as they did not have the right to request it. It is not clear whether your wife's condition is considered a disability, but if it is, and she was cleared to return to work by her doctor, their subsequent actions sound discriminatory. At a minimum, they should have engaged in an interactive process to determine whether she required a reasonable accommodation. Apparently, they have not done that.
Your wife should seek the advice of an experienced employment law attorney near you, to better determine her rights and explore her options.
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