Legal Question in Medical Leave in California

Employee's attendance at work

We've hired a new preschool site director (Aug. 2007). At the time of hire she mentioned that her daughter was going to therapy for a broken arm so she would need to leave early 3 days a week for awhile. She has used all her sick time and is still taking her daughter to the doctor three days week. We asked for a doctor note as to how long this therapy would continue, and the note stated he couldn't give a date or length of time. Do we have the right to fire this person? Do we have the right to right her up for abuse of leave?


Asked on 12/20/07, 4:19 pm

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Employee's attendance at work

Mr. Nelson is right. You really need to consult a labor & employment Attorney about this matter.

Feel free to contact me.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 12/24/07, 11:38 am
Terry A. Nelson Nelson & Lawless

Re: Employee's attendance at work

You shouldn't expect or seek an actual legal opinion on which you make your decisions to come from an anonymous source on the internet. Since you should be worried about getting sued over the decision, you should actually consult an experienced employment attorney, to discuss ALL the facts and issues necessary to provide such opinion. Then, if you do get sued, you'll already have an attorney able to respond and defend you. Feel free to contact me if serious about doing this right; I've been doing employment law for over 20 years, and litigation for over 30.

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Answered on 12/20/07, 4:58 pm


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