Legal Question in Medical Leave in California

modifying expected number of days off a month

I have a chronic medical illness which my Physician predicted would require 1-3 days every 2-4 months. After 10 months my medical condition worsened unexpectedly, and it was necessary to be off work for 6 days in a 2 month period. I was told the days over 3 during this period would not be protected, even though I had my Physician modify the number of days my employer should expect me to be off, to a number which covers this amount as soon as it was realized. My employer is stating the modification must be made in advance of the increased time off. If I have a chronic condition that can worsen unexpectedly for a short period of time, how is that possible? I am not psychic. They are using this overage of days off in a disciplinary action removing me from my Lead CT Technologist position, and even threatened termination. All because I did not give advanced notice of an unexpected flare up of my health problems. The 10 months preceeding this event were all within the doctors prediction for amount of days off in a month.


Asked on 1/09/04, 2:15 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: modifying expected number of days off a month

Assuming that you are eligible for coverage under the California Family Rights Act or the Family Medical Leave Act, you may take up to 12 weeks off within a year's time for a serious illness. This does not have to be taken all at once, but could be in increments if medically necessary.

The law says that you shall provide reasonable advance notice of the need for the leave if the need for the leave is "foreseeable." In situations where it is not foreseeable, they obviously cannot require of you advance notice.

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Answered on 1/12/04, 8:49 pm


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