Legal Question in Employment Law in California

I am on short term disability because of depression and anxiety related to a miscarriage. During this time I had a week in Hawaii and was married. The HR dept. in the city I work says I may be fired for fraudulent leave. My doctor is the one that filled out paperwork and the leave of absence for 6 weeks. Am I obliged to go nowhere in those weeks or once short term disability is approved is it non of their business?


Asked on 9/21/09, 8:11 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Your employer is not right. Your disability is related to your mental/psychological condition, and its purpose has nothing to do with you moving or performing any physical activity. The purpose is to keep you away from work and let the stress subside. Terminating you for "fraudulent leave" will be illegal and in violation of California disability discrimination laws.

Thanks,

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

Read more
Answered on 9/21/09, 8:49 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California