Legal Question in Medical Leave in California

Re: Risk of Termination for Medical Problems

First and foremost, your health should be your top priority. If your doctor is concerned that continuing to work could put you at risk, it should be a no brainer. Follow your doctor's advise. If your job caused your illness, you are eligible for workers compensation and should see a workers comp. attorney for more specific advice. Alternatively, you may be eligible for family leave, where the employer must give you up to 12 weeks off. You may use up all accrued sick and vacation pay, but the employer does not have to pay you while out on family leave. Many employers provide short term disability insurance. This usually suplements what you would receive from state disability. Check into that as well. Finally, while it is illegal for an employer to discriminate against persons who suffer from qualified disabilities and must comply with family leave laws, that does not mean you may not be laid off, if it would have happened anyway, for legitimate reasons, such as the need to go through a massive layoff. Make sure the company follows its layoff procedures properly if this should happen.