Legal Question in Employment Law in California

Lost employment for lack of health care

I recently missed 2 days of work due to a miscarriage. Shortly after my return I came down with a common cold/flu virus and was unable to work for several days. this was unrelated to the miscarriage. My employer says I am not allowed to work without a note from a doctor. If it had been due to the miscarriage I would understand his position and i would be able to get the note he requires as I was coveraged by the county for the pregnancy. But I no longer have a doctor or health care coverage. He says he is citing law, but I thought that only applied to CFRA and FMLA cases and serious health conditions requiring medical care. There is no paid sick leave involved and this policy has not been applied to other employees. Can I be tertminated for not going to a doctor for a cold?


Asked on 12/27/02, 3:15 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Lost employment for lack of health care

There is no statute requiring that an employee support an absence with a doctor's note - however, an employer may establish such a rule by its own policies. Is this really retaliation for the absence due to pregnancy? Does the employer require that every employee support every absence with a medical certification? You may want to speak to an experianced employment attorney in your area.

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Answered on 1/02/03, 3:09 pm


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