Legal Question in Employment Law in California
Let me preface this by saying since January, my wife has been grieving the unexpected death of her mother. Shortly after the death of her mother, she submitted FMLA paperwork and the following day she was accused of being under the influence by her supervisor. There was nothing that came of that initial accusation. A couple of weeks later, my wife was again accused of being under the influence by her supervisor, but this time she was immediately sent to take a drug screening. The test returned negative, save her prescribed medications. Now her employer is requesting that she submit a letter from her doctor stating that she is able to work on the medications that are prescribed to her in addition to undergoing a psychological examination administered by her employer (she works for a medical provider in San Diego). She was initially told that if there was a positive for prescribed Meds on her test, then she would have to submit the prescription label (which was done) that has the appropriate information on it. Additionally, she requested a copy of the screening and they told her that she would have to sign a release of her medical information to receive a copy of the drug screening. Is she required to provide any more information to her employer beyond what has been submitted (including a psych evaluation at her employers choosing)? Is her employer required to give her a copy of her screening regardless of if she signs a release of her medical information? Is there cause for a cease and desist letter to be drawn up?
1 Answer from Attorneys
The employer has so far apparently acted within their 'rights' to demand verification of ability to work, including testing and exam, based upon her abnormal behavior and possible drug effects [whether prescription or not]. Of course she has to sign releases to get private confidential medical info.
FYI: an employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. However, her condition is not likely a qualified 'disability', but rather a temporary 'serious medical condition' that could justify an FMLA leave.
If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 the doctor], continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and 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 minor illness or injury does not fall within the protections.
An employer is obligated to provide 'REASONABLE' accommodation of a legally recognized life altering disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job. Violation and failure to accommodate is grounds for a lawsuit. Every case is determined upon its merits and all the facts.
If you think you can prove they failed to comply with these rules, feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
