Legal Question in Employment Law in California
What Are My Rights, In A Unfair Work Enivorment?
If I was taken off work by my Dr. in a Hostile and Harassing work environment, and recommended, not to go back into that type of environment, Does my employer have to place me somewhere else,or can they just tell me to resign, also who signs the employee up for fmla, the employee, or the employer?
1 Answer from Attorneys
Re: What Are My Rights, In A Unfair Work Enivorment?
1. An Employer's obligation to provide re-assignment depends on whether the employee has a legal disability (a limitation on major life activity), if yes, then the employer must accomodate. Re-assignment is an accompdation.
2. Employer can not demand that a disabled employee resign. If workplace harassment caused the disability, there may be coverage under workers' compensation laws, including protection from termination or other adverse action.
3. An Employer (with 50 or more employees) has the responsibility of designating Family and Medical Leave (Federal) and California Family Rights Act (State) leave. If the Employer fails to designate the leave as FMLA or CFRA leave, the employer may not begin the 12 weeks of continued medical insurance until a proper desigation is made. Thus, the employee would be entitled to continued medical coverage until the employer designates the leave as FMLA/CFRA leave, at which point an aditional 12 weeks of medical coverage would begin.
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