Legal Question in Employment Law in California

Employment Rights

I was diagnossed with an illness months ago. I informed my supervisor and HR. The illness had not affected my employment. When I was on vacation last week they reorganized the company I work for. I informed my new supervisor that I could not go full time due to being in Grad school and my health condition. I let her know HR & prev sup knew of my condition. Today another supervisor calls me and begins asking me ques about my cond. SHe said my new sup told her and she checked with HR & Prev sup and neither had knowledge. I have emails from HR & Prev sup aknowledging my cond. I feel very upset. She asked me symptoms I have where my condition is in my body. She also asked if I take chemo. I very upset. I don't want to lose my job. Should I feel upset?


Asked on 11/13/08, 8:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employment Rights

Upset has nothing to do with it. If you aren't able or willing to work essentially full time, they can fire you, unless your doctor credibly certifies you as 'permanently disabled' and in need of 'reasonable accommodation' in order to perform all the essential functions of your job. There are no 'rights' to part time work, unless [maybe] that was what you were doing before. Plus, a temporary 'illness' does not qualify as a 'disability'.

You may be entitled to FMLA/CFRA medical leave. If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

If you're claiming an illness or condition that requires leave or 'accommodation', they have a right to know the details and have them confirmed by your doctor.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 11/14/08, 4:17 pm


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