Legal Question in Medical Leave in California

Vacation/Medical Leave

I requested vacation 2 weeks ago. Two days before my vacation starts I was told by my boss that I was put on medical leave and not to return until I had a note from my Doctor indicating that I was fit to resume to my normal duties. Can they make me use my (requested) vacation time? Or since upon their request I can't return to work without a Dr's note, I feel that this should be covered by sick leave. This is all due to job related stress.

Thanks


Asked on 8/11/06, 1:45 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Vacation/Medical Leave

You gave insufficient details to allow any opinion. Obviously, they are saying there is something wrong with you medically that requires a doctor clearance. You said 'stress' -- that is a workers compensation issue that you should discuss with a suitable WCAB attorney. If the conduct is actually a violation of discrimination laws and rules, then contact me to discuss.

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Answered on 8/21/06, 3:11 pm


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