Legal Question in Employment Law in California
Doctor ordered time off
Can an employer fire you for a doctor-ordered time off? Such as injuring your elbow and having the doctor put you out for a week for it to heal and having to fight with the doctor to not try to make it a worker's comp claim since the injury was work related.
2 Answers from Attorneys
Re: Doctor ordered time off
absolutely not, from the facts given. you may not be terminated for "bad cause". if you want further assistance or legal representation to get the justice you deserve, contact me directly.
562-743-1357
Re: Doctor ordered time off
No if you are temporarily disabled you are entitled to accommodation under the California Fair Employment and Housing Act and the ADA. The only questions the employer can ask is if you can perform the essential functions of your job and how long you were out.
Even if the injury did not occur while on the job, you are still entitled to accommodation. If you were in fact terminatied you need to file an administrative complaint with either the EEOC or Department of Fair Employment and Housing.
If you have any further questions feel free to email me. I am pretty good about answering emails within 24 hours.
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