Legal Question in Medical Leave in California

Doctor appointments for ongoing codition

I have a lifetime history of migraines. I have been seeing a physician and will about 2 to 3 times a month call in late because of these migraines. I have been working over to make up my time at work with a physican letter, now they state I can't work over and that when my time is used up I may have problems ahead, is there something I can do?


Asked on 5/16/07, 3:00 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Doctor appointments for ongoing codition

This may be more than just a matter of taking time off under FMLA. It sounds as though you suffer from a chronic disability and can request that the employer reasonably accommodate your disability. You will need to be prepared to provide medical documentation regarding your limitations and what can be done to accommodate you to enable you to perform your job. The employer must engage in an interactive process to determine what they can do for you, without the business undergoing an undue hardship.

If you anticipate problems, you should consult with an employment law attorney in your area for specific advice.

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Answered on 5/16/07, 3:08 pm
Terry A. Nelson Nelson & Lawless

Re: Doctor appointments for ongoing codition

If this constitutes a 'disability', your employer probably should reasonably accommodate the disability. Ever case is different and depends upon the facts and what is needed to do so. It may require you have an attorney intervene to 'educate' them into compliance. Feel free to contact me.

On a purely personal note, you should investigate and determine if the herbal supplement 'feverfew' would offer you any help. It is claimed to work better than Pharmaceuticals for many in your condition.

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Answered on 5/17/07, 7:19 pm


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