Legal Question in Medical Leave in California
Employer saying 2 days after back procedure doesn't qualify!
I have had FMLA protection for the past year for a chronic back condition requiring treatment. I have to have Epideral Steroid Block injections in my back once in a while. I have never had a problem in the past.
Two weeks ago I had another procedure. As per my doctor I took 1 day off for the procedure and 1 day to recover. My employer has decided that because the days were taken together that it doesn't qualify under my FMLA section 4 Intermittent Leave Chronic Condition requiring treatment.
They are making me take an ''occurance'' under regular employment guidelines which could cause me to lose my job because of this.
They stated ''... is certified for 6 days intermittently. The FMLA certification does not speak to continuous leave. Therefor your absences on those two dates fall under the regular attendance guideliens''
Please Help!!
I had the same procedure back in Febuary and took 3 days off total and they said nothing back then, now that I am trying to get a new position in the company after putting in transfer request forms now they are trying to do this to me! it's so frustrating! :(
2 Answers from Attorneys
Re: Employer saying 2 days after back procedure doesn't qualify!
Their letter does not sound right -- protest it in writing. If you were fired because of that it sounds like you might have a decent case.
Re: Employer saying 2 days after back procedure doesn't qualify!
It sounds like you may have a legitimate claim for failure to accommodate (violation of the Fair Employment and Housing Act) and a CFRA and/or FMLA violation. You should contact an attorney in your area to discuss this further. If you'd like, feel free to give me a call or send an email.
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