Legal Question in Employment Law in California
Excessive absences due to hospitalization and chronic condition
I was on FMLA approx. 5 months ago, returned to work. In the last 2 weeks, I have been hospitalized 2 seperate times. I had lost a few days prior to hospitalization due to the same illness (ulcerative colitis, with complications). 5 hours into returning to work, I was called into the Sr. directors office, and told I needed a note to return to work, and that I also had to be ''counseled'' in regard to excessive absences. AFter 3 times being counseled, I can be terminated. Can they actually write me up for being in the hospital, even though I have a written statement from a physician stating where I was? I was told that I can go on a personal medical leave, but that my job is not protected (even though we are an ''at will'' state, and can be terminated for any reason at any time anyway.) I don't want to be terminated or discriminated against due to a chronic condition that I have, and if they write me up, and tell me I can be terminated if I miss any more work, where do I stand with this chronic illness? I don't know when I will have problems again?
1 Answer from Attorneys
Re: Excessive absences due to hospitalization and chronic condition
Employees who suffer from chronic disabilities have the right to be reasonably accommodated by their employers, as long as the accommodation does not cause a hardship to the employer. What is a reasonable accommodation may vary from one situation to another. Flexible schedules are one form of accommodation, that may apply to employees who have unpredictable health problems.
This requires, what is referred to, as an "interactive process", whereby the employee provides the employer with a clear understanding of the nature of the medical condition and its limitations. The employer must then attempt to identify what it can do to assist the employee to perform the essential functions of the job, with the accommodations explored. Communication is key here.
You should take the initiative and discuss this matter with the head of Human Resources and document everything that occurs.
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