Legal Question in Employment Law in California
I live in ca. I was given time off starting july 27 for a mental condition. I was told told then i had rights under FMLA I was told about FMLA on Aug 20, because I was not able to come back to work filled out the paper work, docs cert. ect. HR is now saying I need to come back now or I will be terminated. Is my date of return based on the July date or the date my FMLA was started? I need more time and I don't want to be fired. Thank you
1 Answer from Attorneys
Hello.
If your mental condition qualifies as disability under ADA or FEHA (fair employment and housing act), which it likely is, it is very important that you request reasonable accommodations in writing from your employer. Because additional medical leave beyond FMLA is one form of accommodations that you may be entitled to, you should request this as soon as possible. This right is in addition to any FMLA leave you may have exhausted.
Thank you.
Arkady Iktin
www.arkadylaw.com
San Francisco & Sacramento Employment Lawyer.