Legal Question in Medical Leave in California

Constant absent due to pregnancy

I am constantly taking time off due to my pregnacy. I have had numerous comlications but the doctor has not put me on bed rest. My boss is constantly asking me when I will be taking a leave of absent. Can he continue to harass me about taking a leave of absent? Does FMLA protect me from the constant harassment from my employer?


Asked on 2/05/09, 4:22 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Constant absent due to pregnancy

Can he 'harass' you into leave? No.

Can he demand a doctor's release saying you are safe to work full time or with some accommodation? Yes. Without it, he could put you on involuntary leave until you provide it.

FMLA/CFRA leave rules protect your right to 4 month leave and reasonable accommodation of your 'disability/pregnancy' while you are at work. They do not protect you in 'unreasonable' daily attendance/tardiness/etc problems, if that is what you are having. Yes, intermittent days off can be justified under FMLA/CFRA rules, but 'reasonableness' in the workplace is the standard, determined by the nature of the business and your duties.

If you still feel you are being illegally treated, feel free to contact me for help.

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Answered on 2/05/09, 7:04 pm


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