Legal Question in Medical Leave in California
statute of limitations
i returned to work after a work related disability. after about 3 weeks i was absent again (1 day), they gave me a date in which to have my dr. fill out the form relating my illness to FMLA. Before i submitted the form to my dr., i returned to my disability status. while on disability the date to submit my fmla absence expired. my dr. wrote a letter to the union representitives stating that because of the nature of my illness, i should not have been held accountible for missing the deadline for my paperwork due to my being out on disability. but the company fired me anyways. is there anything i can do to fight this unfair decision and if so, is there a statute of limitations in which i must file.
1 Answer from Attorneys
Re: statute of limitations
There is a one year statute of limitation to file a complaint for discrimination under the California Family Rights Act with the Department of Fair Employment and Housing.
One of the obligations an employee has under the law is to provide certification to the employer containing certain information. There are exceptions as to the timing and this may apply to you if you were unable to comply. Schedule an appointment with the DFEH and ask them to conduct an investigation.
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