Legal Question in Employment Law in California

Temporary Stress Disability Leave

I am writing concerning my brother who was given temporary disability through his doctor for work related stress. His company says that he has to call the company every two days to check in to see if he is needed or incase there is a problem that they need him to answer or fix. My question is that if he is given temporary disability leave from work due to work related stress, should he have to be required to be in contact with that company during the time of the disability leave?


Asked on 4/29/04, 2:56 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Temporary Stress Disability Leave

First, if your brother has been placed on medical leave for a specified time, that notice must be provided to the company, advising the date he is expected to return to work.

Second, he must determine if he is eligible for medical leave under the Family Medical Leave Act (or California's equivalent) and request that the company designate his leave under FMLA to protect his job for up to 12 weeks.

Third, he needs to see a workers' comp. attorney to assist in filing a claim, getting proper medical treatment and get proper legal advise under complicated workers' comp. laws.

Finally, the employer should not be requiring him to call in or for him to be available to them, if the proper notices are given.

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Answered on 4/29/04, 4:51 pm


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