Legal Question in Medical Leave in California
Terminated while ill
A man, 65, was hired as a manager in May, 2002 by a (four employee) self-storage company. His employer actually was an employee leasing company with hundreds of employees. The company was happy with his performance.
In July, he was hospitalized for a week, and two weeks later had a heart attack which put him on disability. While in the hospital the second time, the storage company told him verbally not to come back. Knowing he had no job to go back to was very stressful, and probably delayed his recovery. He is now able, and must, go back to work, but is worried and stressed that he will have difficulty finding a job.
Does he have any recourse?
1 Answer from Attorneys
Re: Terminated while ill
To be protected under the medical family leave act, an employee must be employed, on a full-time basis, for at least one year. Also, the employer must have at least 50 employees within a 75 mile radius of the place of employment. According to your scenario, it does not sound like the employee is eligible for family medical leave protection.
Under disability discrimination laws, an employer does have an obligation to reasonably accommodate an employee with a qualified disability. However, case law has consistently ruled that reasonable accommodation does not mean keeping a job open for a disabled employee indefinitely.
The employee could schedule an appointment with the California Department of Fair Employment and Housing, if he wishes to explore a disability discrimination claim further, within one year of the refusal to take him back.
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