Legal Question in Employment Law in California

Termination warning due to illness
I involved a major auto accident back in of 2003. Due to severer injuries, I filed two months worth of disability. Since then, I have been using sick time provided by my employer to receive treatments, doctor visits, or not able to work, etc.

In early November, my manager was out for the next few month due to an operation, it was approved immediately. What I want to find out is, will be involve some discrimination issues because I feel that I went through a lot of struggles to get my sick leave approved.

I have called in sick last Tuesday 11-23-04 due to headaches and tailbone pain. I immediately received a written warning from my regional manager that I can not and will not be able to take anymore sick leaves in the next 60 days or immediate termination will occur.

Is this something that's legal by the California Labor law? Without my regular treatments, my injuries has worsen and my pain has increased. I would like to get some advice on two issues regarding this:

1) Is it legal for my regional manager to restrict me from attending medical treatments?

2) Is she involve in discrimination matter at all?

Thank you.

Asked on 12/02/04, 1:19 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: Termination warning due to illness

All employers have attendance policies and have the right to discharge employees for excessive absence. There are, however, some laws that, under some circumstances may impose certain obligations on employers.

For example, under the FMLA or CFRA, qualified employees are entitled to the equivalent of 12 weeks off within a 12 month time for serious injuries or illness. Under the ADA or FEHA, employers are required to "reasonably accommodate" employees who suffer from disabilities that limit a major life function. What is reasonable will vary from case to case, based on a variety of factors, so it is not possible to offer an opinion based on the limited facts you wrote about.

If you believe you are treated unfairly, you should meet with a Human Resource representative and ask to discuss ways the company can reasonably accommodate you so you can continue treatment for your injuries. Alternatively, you can talk to someone with the California Department of Fair Employmernt and Housing to investigate possible disability discrimination. The time you must complain with the DFEH is within one year from the time you believe you were discriminated against.

Answered on 12/06/04, 4:56 pm

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