I acquired a serious health condition back in 9/2012 and was out for a month. Since then I have had episodes of my condition in which I missed work periodically. My employer knows of my condition since 9/2012 and is stating that she is reducing my hours from 40/wk to 32/wk (Mondays off). I am not sick every week and when I was I used accrued sick/vac time. Now with this reduction I am missing more time that I did when suffering an episode. How is this legal? shouldn't the reduction at least match or come close to what I had been missing? does not make sense.
3 Answers from Attorneys
Call an employment law attorney to discuss. It is unlawful for a CA employer to discriminate against an employee because of her/his medical condition and/or to retaliate against him/her for taking leave, etc. Many of us offer a free initial phone consultation. Have the facts, pertinent documents, etc. with you when you call.
One would need to know more facts. Given what is posted in your question I would suggest as prior counsel has that you seek an in person consultation.
IF your condition falls within the definitions of a 'disability', then if and when you are refused accommodation, or you are denied legally protected leave, or are illegally terminated, discriminated or retaliated against because of requesting or taking the leave, then you may have legal claims.
If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 when you are unable to work because of a ‘SERIOUS health condition’ [that is properly confirmed and documented by the doctor], continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with minor illness or injury does not fall within the protections.
Now, if they violate those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.
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