Legal Question in Employment Law in California
Do I have any protection under the Disability Act in the event my employer forces me to detail to an area beyond a reasonable scope of travel? I live in California. I have been employed in my current job since 01/2006. I am a field investigator and my work assignments are local. On three occasions I have accepted assignments on detail, up to one month long requiring travel out of my local area. In 04/2007, my husband suffered a cataclysmic medical event that has rendered him disabled. I can no longer detail out of the area, as I am his primary caregiver, and must administer life sustaining medication throughout the day. There is sufficient work in the local area for me to complete field assignments and care for his needs and I have not worried about detailing, however a new supervisor has alluded to upcoming, mandatory details out of state. Sorry this is so long!
1 Answer from Attorneys
You may be somewhat protected under state and federal rules.
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 medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.
Those rules could arguably provide you accommodation rights, and protection against the forced travel that would prevent you caring for the family member.
This is a situation where legal counsel could be of help in dealing with the company. Contact a local employment/discrimination attorney through the local Bar Association or Lawyer Referral Service if none contact through this site. If you can't locate someone, feel free to contact me for that legal help.
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