Legal Question in Medical Leave in California
Reserving Job Position
I was recently approved for Gastric Bypass Surgery. It was notated as being medically necessary. I asked my employer if my position could be held? I work for a company of 50 or more people and have been employed for 1 1/2 yrs. I work part-time and have 1050hrs for the year so far. I would have had more if I did't use sick and vacation hours.
My Supervisor told me that I did not look like I needed the surgery. She stated that the people that usually have the surgery are over 500 pds and to her I have had no problems performing my job duties as an Administrative Assistant. I was told that there was no guarantee that I would have a job after the surgery. I explained to her that I may be off up to six weeks. Can this be done legally? I know that if I do not have this surgery my situation may be life threatning. But because of the fact that I may not have a job I am very hesistant about having the surgery. I know that I have a higher risk of a heart attack or possibly death if I do not have it.
1 Answer from Attorneys
Re: Reserving Job Position
Unfortunately, in order to qualify for medical leave under the FMLA or CRFA, you must have worked at least 1250 hours within the previous 12 months of employment. It appears you are short of that.
It is not clear whether you have a qualified disability that would require the employer to discuss a reasonable accommodation. Even then, it is doubtful that they would have to hold your job open for six weeks, unless it is their policy to do so.
It is best to try to work this out with someone in human resources and find out what their medical leave policy is.
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