Legal Question in Disability Law in California

I was Fired!

I have had ongoing medical issues for the past few months, I have gone in to the emergency room for hemoraging 3 times in the past 5 months. My Dr. was planning on starting an extensive treatment program and decided that I should be put on disabliity for at least 6 weeks. I informed my employer about the situation, advised them that it could possibly be longer than 6 wks if i undergo surgery. 2 weeks after I was placed on disablity I called my employer and she informed me that ''they would not be able to wait for me'' she emailed me a termination letter and advised me that I could re-apply in the future if I wanted to. Is this legal?? I thought that if I was placed on medical diability my job would be safe? I faxed them my Dr's note the day I received it.


Asked on 5/16/07, 1:07 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: I was Fired!

If you think you are qualified for it, you need to inform the employer of your need and request for FMLA leave, during which limited time your job would be protected. There is no job protection for mere medical leave unless provided under company policy. If you are actually denied FMLA leave when qualified, then feel free to contact me to discuss your rights and remedies.

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Answered on 5/16/07, 2:45 pm
Alden Knisbacher knisbacher law offices

Re: I was Fired!

There are various laws that apply in this situation -- the family/medical leave law, the law requiring employers to accommodate employees with disabilities -- and, perhaps, others, depending on your employer's policies. For family medical leave, the employer must have 50 employees or more within a 75 mile radius, and you must have worked 1250 hours within the past year -- you're entitled to 12 weeks of unpaid leave (that is the bare outlines -- the specific regulations are very detailed.) In addition CA law prohibiting discrimination against disabled employees requires that employers provide reasonable accommodation to their employees -- if your employer employs more than 5 people and you have a medical condition that qualifies you for coverage of this law (sounds like you might) the employer is required to accommodate you -- including providing you with some period of medical leave if you need that to be able to later resume your job. Feel free to contact at my private email if you have more questions. Good luck.

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Answered on 5/16/07, 7:10 pm


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