Legal Question in Employment Law in California
Probation period and Cancer
I started working full time for my employer in Dec. 04 to the present. I was given a 90 working day probation period. In the time since ai started, I was diagnosed with breast cancer. I missed partial days of work for Dr. appointments and missed a couple of days after my surgery. I forsee missing more days of work due to radiation and chemo treatment but intend to work through it as best I can. Even though I have worked for my employer over 90 working days, I was told that because of missed work and partial work days, I would have to start my probation period all over. During my probation period I have been praised and given a raise due to my exceptional work performance.
Should I have to start my probation period over again? Should I stress out because of miss work due to my illnes?
2 Answers from Attorneys
Re: Probation period and Cancer
What benefits kick in after the 90 days? The "policy" seems illegal -- it's applied to you and not others because of your condition. You should also be entitled to time off from work as a reasonable accommodation for your medical condition. Stress is something that you should talk to your doctor about -- you should try to avoid all stress and know that regardless what your employer does -- whether it's legal or not -- you will move on with your life (and take appropriate action if the employer acts illegally.) Feel free to contact me through the email below. Good luck.
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Re: Probation period and Cancer
An attorney may be able to convince the company to not impose new probation. It is a difficult situation you are in, since you have effectively 'failed' probation by missing time. You problably don't yet have FMLA or disability leave time, as a new employee. Contact me if intertested in pursuing this.