Legal Question in Medical Leave in California

Flma

I work for a large corporation who has strict absentee policys. I am 57 years old and a very hard worker. I have suffered migraines all of my life and recently been told that I have curvature of the spine, degenerative disc disease and osteoarthritis. We can only be sick so many days in a 90 day period and we must call in at least 2 hrs. before our scheduled start time.

Some mornings I cannot get out of bed due to my migraines and body pain due to the other conditions.

I have received 3 warnings in a 90 day period and fear losing my job because I missed work unintentionally. I never call in sick unless I am really sick.

Am I covered by FLMA protection? And what are my rights?

Thank you,

Heidi


Asked on 2/22/09, 2:07 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Flma

Explain to your company that you have disabilities, and that you request reasonable accommodations for them. Put it in writing and keep a copy. Reasonable accommodations could be flex hours, work from home, orthpedic chairs, more frequent breaks, etc. Be creative.

Read more
Answered on 2/22/09, 2:19 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Flma

Dear Heidi,

The California FEHA (Fair Employment and Housing Act) provides a much greater protection for you than FMLA. Under FEHA, your employer has an affirmative obligation to engage in interactive process with you to find reasonable accommodations to your disability. Of course, your condition should qualify for disability, which I believe it would, and you should put your employer on notice of your condition for your rights to be triggered. Then, they will have the above obligations, unless compliance would constitute undue hardship on the company. Since it's a large corporation, this is unlikely to be an issue.

Then, any adverse employment action against you, such as demotion, transfer, suspension and/or termination of employment will be considered unlawful discrimination and retaliation.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

http://www.arkadylaw.com

Read more
Answered on 2/22/09, 2:19 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California