Legal Question in Employment Law in California
I have been terminated due to being sick. I have a doctor's note, yet I came into work because I had been threatened with termination. I am still being terminated from my position. Shouldn't I be covered under the Medical Leave Law? Right now there is a co-worker of mine who is off of work due to his wife having a minor surgery, his position is not in jeopardy. Is this fair?
1 Answer from Attorneys
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� [that is properly confirmed and documented by your doctor], 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. Being out sick with the flu or minor illness does not fall within the protections. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, FMLA / CFRA or similar statutes. The employee's goal should be to keep the employer happy.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.