Legal Question in Employment Law in California

Family Medical Leave or Disability?

I have had endometriosis and other associated problems of my reproductive system for over 12 years, during which time I have had 4 surgeries and undergone medication-induced menopause on three separate occassions. I accepted a position as a facility designer/coordinator on September 1, 1999. Since December the pain has increased, becoming chronic and constant. Three weeks ago I saw my treating physician who recommended immediate corrective surgery. Given the length of my illness and exhaustive treatment options used, my physician and I agree an immediate radical hysterectomy is necessary. I informed my employer immediately of the need for urgent surgery (the doctor wanted to do it immediately - I wanted to provide the employer with plenty of notice to plan around my absence, etc. My employer requested I complete the forms for the FML and I complied. The employer did question the need for surgery, however, my doctor and I both believe that it is necessary and urgent. Surgery is scheduled for next Tuesday, 4/4/00. My employer has denied a medical leave, opting to "terminate" my employment effective end of day on 4/3/00. Is this termination legal?

If I am not covered by the FMLA, am I covered under ADA?


Asked on 3/29/00, 5:24 pm

1 Answer from Attorneys
Roger Renfro Renfro & Associates Law Corporation

Re: Family Medical Leave or Disability?

This response assumes you work in California for a California employer. If you believe you have been discriminated against by your employer, you probably should take immediate action to determine what if any legal remedies may be available to you (e.g., it is unclear from your question whether endometriosis would, by itself, qualify as a protected medical condition). You could start with the Dept. of Fair Employment & Housing (California law) and/or the Equal Employment Opportunity Commission (federal law). Alternatively, you might want to consult with a local employment law attorney.

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Answered on 4/04/00, 2:20 pm


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