Legal Question in Employment Law in California

time off work to visit dr/mri?

I am running into a problem in being able to go the MRI. Since I am a teacher at a private school where I fell, it is becoming hard to find a sub for the time I need to go for this MRI. What are my rights? I am in constant pain


Asked on 11/12/08, 7:58 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: time off work to visit dr/mri?

You have the 'rights' to get treatment and take leave if necessary according to your doctor.

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, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 11/13/08, 2:12 pm
Arkady Itkin Law Office of Arkady Itkin

Re: time off work to visit dr/mri?

Depending upon whether you are a qualified employee for leave under FMLA/CFRA (if you worked for over 1250 hours in the past year, and your school employs more than 20 employees, you qualify) or are entitle for leave due to serious medical condition for up to 12 weeks. Surely, you are entitled to a one-day leave to have MRI or any other medical procedure related to your condition.

Thanks,

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 11/14/08, 4:46 pm


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