Legal Question in Medical Leave in California
Can an Employer deny medical leave ???
I work for an Indian Company who has sent me on deputation to US.My employer has no leave policy at US.
Employer demands service from me without allowing me to take any leave,Not even leave under medical grounds.
I would like to know about the laws in Carlifornia that will allow me to take sick leave.I am on a worker visa (H1B).I would like to know details of the Carlifornia laws
for availing sick leave.
1 Answer from Attorneys
Re: Can an Employer deny medical leave ???
An employer is entitled to have a policy that grants no paid leave, holidays or vacations. However, that discussion assumes the employee is hourly, not salaried / management. A salaried employee is entitled to not have pay docked for legitimate absenses. However, CA is an 'at will employment' state; arguably, an employer could fire any employee for taking time off, including for temporary medical conditions. Harsh, but legal. But, all employers are obligated to follow the various laws against discrimination.
An attorney may be able to convince the company that their policy is dangerous and risky, and get them to change. If you want to try that approach, contact me to discuss facts and fees.
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