Legal Question in Medical Leave in California
Failure of Employer to Inform Employee of Rights and Obligations
Are my FMLA Rights being violated?
I was diagnosed with prostate cancer in April, 2003. I informed my manager in August, 2003 that I was going to undergo treatment for the cancer in October or November. I was never informed of my FMLA Rights. I was reassigned to another office (arguably punitive) after a 20 minute meeting with my manager and union representation. I took Worker's Comp Stress leave in October, denied in December. My surgery had to be postponed and rescheduled and I burned up all my leave credits. I made my manager aware of my need for leave at that meeting in October. No mention of my FMLA rights. January 6, harrasing and abusive phone calls began from my manager to return to work or provide medical documentation. I was finally informed by my union on January 12, 2004 about FMLA. When I informed my manager of her dereliction, she proceeded to do an AWOL separation from my job. I am now separated pending appeal.
1 Answer from Attorneys
Re: Failure of Employer to Inform Employee of Rights and Obligations
Generally speaking, unless you request leave under the FMLA, the employer is under no obligation to give it. However, the larger question is whether they have discriminated against you due to your having cancer. This question can only be answered after a full investigation of all the facts to determine what happened and each parties rights and obligations.
You really need to sit down with an experienced labor law attorney in your area, and provide a timeline of all the events that occurred, to get a better assessment of whether your rights were violated.
In the meantime, make sure the Union is representing you with your grievance.
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