Legal Question in Employment Law in California

I have an employee who has a chronic heart condition as well as copd - she has taken a turn for the worse during the past few months, and can barely walk across the room, trembles all the time, and frankly scares everyone else. She is very ill - can I force her to take a medical leave of absence. She is eligible for disability and has sick/vacation time accrued and even qualifies under FMLA. How can I make this happen?


Asked on 3/13/12, 11:27 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I would not force your employee to do anything without consulting with an employment law attorney, in your area, who advises employers. Since you clearly are aware of your employee's medical condition, you probably have a legal obligation to better understand what her limitations are because of her condition and explore what you, as her employer, can do to attempt to reasonably accommodate her, to help her perform her job. To simply write her off as too ill to work is asking for trouble. Better to spend some money for legal advise now, than to have to shell out a fortune later, to defend a lawsuit.

Read more
Answered on 3/13/12, 4:25 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California