Legal Question in Medical Leave in California

Is my job protected by FMLA for fibromyalgia?

I was diagnosed in June 2004 with fibromyalgia and have had to go round and round with my employer who continually says I am ''excessively absent''. Although I have missed a lot of work (105 hrs), I have complied to their request of providing doctor note after each absence. Now they say I can no longer be absent from now 3/27/09-6/5/09. What more can I do? I have been written up for exceeding my sick day allotment by 25 hours. Please help!


Asked on 3/29/09, 7:54 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Is my job protected by FMLA for fibromyalgia?

Hello. It's likely that your employer is committing a common mistake that gets employers in trouble. Once your FMLA leave expires, the employer has to consider whether it would be a reasonable accommodation under the Fair Employment and Housing Act anti-discrimination provisions to extend your leave or modify your schedule.

I am not 100% sure if chronic fatigue/fibromyalgia is considered a disability within the Act, but I believe it is.

Thanks and I hope this helps. And feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 3/29/09, 8:06 pm


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