Legal Question in Employment Law in California
On Friday, a fellow manager and myself walked out of a verbally abusive, intimidating and bullying situation/meeting called by our boss, The President. This is a common occurance (the yelling, swearing, throwing things) and this particular one had both of us in tears. Rather than endure the rant and screams of "Get the fuck out if you don't like this" we both simply expressed that we did not feel his actions were appropriate and walked out of the office. We are both salaried managers and decided it was best to leave for the day given the situation.
I am 7 months preganant and have endured this position for almost a year because I desperately need the health insurance. I was very emotionally distraught and began having horrible abdomen pains, contractions and back pain so I went straight to my doctor. He directed me to take Maternity Leave immediately and placed me on medical disability due to pre-term labor. He faxed a note to my work stating that I was on maternity leave immediately and no expected to return to work until 6 weeks after delivery.
When I got home, my boss had sent me a letter via email to my personal email account outlining "his side" of the events (of course, making him appear an angel) and closed the letter stating that we did not know if my walking out of the office meant that I had quit or not. He gave me a deadline of close of business Monday to respond and let him know if it was my intention to abandon my position.
My question is, is the fax from my physician enough of a notice to answer this letter? Or should I respond to the letter and what should I say? I was thinking that something like this would be appropriate: "I have no intention of abandoning my position. Unfortunately, I have been placed on medical disability by my physician as of 9/11/09. Please refer to the letter faxed to you on Friday by his office." Is this appropriate or do I not need to provide him with so much information?
Also, since I did not quit and I was not fired (as evidenced by the letter he emailed me), now that I am on disability he cannot legally terminate my employment nor can he take away my health insurance, correct?
I appreciate any help/advice you can provide.
2 Answers from Attorneys
It is unfortunate you had to suffer such bully type behavior and understandable why your doctor placed you on medical leave.
While, normally, a note from your doctor would be sufficient notice to the employer that you have been placed on leave, it might be wise to back the note up, by confirming, in response to the email you received, that your doctor has placed you on maternity leave out of concern for your health and the baby's. You could attach a copy of the doctor's note to the email. This is to protect against a claim by your boss that he never saw the fax (a claim that has conveniently been made many times before). As you proposed, you should make it clear you have no intention of abandoning your position.
No one can guarantee your job will be protected. Of course, it is unlawful to fire an employee for taking maternity leave. But the issue may come down to whether any decision to terminate is based on other legitimate factors.
While you are out on leave, you may wish to consult with an experienced employment law attorney in your area, to explore all of your options.
In your case, you must immediately submit proper written documentation that you are not quitting., and from your physician about your need for pregnancy related leave.
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.
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 when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.
If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.
Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs due to business reasons. A company in downsizing can lay off a FMLA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.
If your company has a policy requiring they hold your job for you for a specific period of time while on disability, that is enforceable.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.
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