Legal Question in Employment Law in California
I was on a partial fmla in california for my seriously ill spouse. While doing that I became ill and gave my job a doctors note excusing my absences from work. I did not know that they were designating them as fmla until 2 months later. I never received any fmla notices(not even for the fmla partial leave for my spouse). When other employees submitted a doctors note for being out of work it was never designated as fmla, so I expected the same thing. They terminated me. I was not able to respond at that time due to my illness and my spouse was not able to respond due to him taking care of me around the clock. Can I file a claim of interference because of notice requirements?
2 Answers from Attorneys
It�s not clear from your post why you were terminated. Were you terminated immediately after your 12 weeks of FMLA ran out? If so, you may have a claim for disability discrimination. If your employer employs 50 or more employees within 75 miles, then you are entitled to up to 12 weeks of leave for a serious health condition. However, your employer can�t just fire you once your 12 weeks are up if your condition qualifies as a disability. Rather, the employer must have a conversation with you about how much more time you need and make a determination whether providing you the additional time off requested will pose an undue hardship on the employer. However, you are not entitled to an indefinite leave and you have an obligation to keep your employer informed regarding your condition and need for leave. If you believe your employer may have violated the law, feel free to give our office a call for a free consultation at 213.536-4236.
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.
An employer is not allowed to 'discriminate' against a legally defined "disability", including pregnancy, by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability/pregnancy upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts.
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� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with the minor illness or injury does not fall within the protections.
If you are out longer than those guarantees, they can fire you, unless disability rules come into play. .
If your employer has a policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.
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 or termination due to business reasons. A company in downsizing can lay off a FMLA / CFRA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.
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.
Related Questions & Answers
-
I work for a start up firm as an "independent contractor". The firm gave... Asked 10/02/10, 11:48 am in United States California Labor and Employment Law