Legal Question in Employment Law in California
Termination because of illness
A friend of mine checked herself into a rehabilitation program for drug addiction. To maintain privacy, her employer was informed of the fact that she was under the care of a physician and could not work, but the employer was not told about the nature of the medical problem. After several weeks, her employer fired her. My question is this: Can an employer fire a person who is admitted to a hospital or other treatment facility simply for that reason? What kind of protection is there for people who become seriously ill? Would the nature of her problem have any bearing on the situation?
3 Answers from Attorneys
Re: Termination because of illness
That depends on a number of issues -- whether the employer is covered by the California FEHA which requires "reasonable accommodation" for people with disabilities (drug addiction will sometimes qualify), and whether they are subject to the Cal Family Rights ACt -- CA's FMLA -- 50 employees w/in 75 miles of worksite, and she worked more than 1250 hours in past year. . . if those laws apply to the situation, the employer's conduct would be illegal. (So would need more facts to really answer your question.)
Re: Termination because of illness
If the employer employs at least 25 employees you may be covered by Labor Code Section 1025 which requires employers to accommodate employees voluntarily entering a drug or alcohol rehab program. She would be better off being straight with the employer rather than hiding the issue.
Re: Termination because of illness
If she was qualified for any of the federal or state 'leave laws' like FMLA, and if she requested such leave or provided sufficient facts to put the employer on notice of the need for such leave, then she would be protected from retaliation or firing. If that is the case, have her contact me to discuss the facts and her rights. Unless she qualified and did it right, then it depends on the employer's policies on medical leaves.
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