Legal Question in Employment Law in California
Calling in sick
Can an employer legally tell an employee with diabetes that he can not call in to work due to complications with his diabetes unless he finds shift coverage and is the employer legally able to give any sort of punishment including termination to the employee for not finding coverage?
3 Answers from Attorneys
Re: Calling in sick
The law requires employers to "reasonably accommodate" disabilities. Further, qualified employees can take up to 12 unpaid weeks off per year for their own or a family member's medical condition. Either or both of these laws could be violated by an employer who disciplines an employee for failing to come to work when the absence is a medical necessity. The employee should seek an individual consultation with an employee rights attorney to determine whether these or other laws are applicable.
Re: Calling in sick
The answer to this question depends on a number of factors, including how long you have been employed, the type of job you have, and how many employees are at your worksite.
If you would like to discuss this further, please email or call our office for a free phone consultation. Thanks!
Re: Calling in sick
Depending upon the size of the employer, and your length of service, there may be an obligation to reasonably accommodate your disability. Every case and set of facts is different as to what would be reasonable. If you believe you are entitled to accommodation, feel free to contact me to discuss your rights and remedies.
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