Legal Question in Disability Law in California

I am a 54 year old HIV+ male. I will be having surgery to repair an Achilles tear and a partial knee replacement. These problems have been exacerbated by the medication i take. Can my employer fire me for taking time off for these procedures? I work for a world wide aviation services company, but we do not have FMLA due to the fact that they count the employees by each base, not the company as a whole.

Asked on 4/09/14, 4:09 pm

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

FMLA applies to employers with 50 or more employees within a 75 mile radius of your workplace. If the company doesn't have that many employees within a 75 mile radius, you are not protected by FMLA but your condition may still require "reasonable accommodation" by your employer. Call an employment law attorney to discuss.

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Answered on 4/09/14, 4:26 pm
Terry A. Nelson Nelson & Lawless

ditto Ms. Karila's answer. The company can not categorize the workforce in a way designed to defeat the laws, such as FMLA. You may or may not qualify for FMLA on 'employee count'.

You may be entitled to 'accommodation' of a 'disability', though this surgery is not really likely to qualify you for that. You can try, by hiring counsel to make the 'demand' upon the company and try to negotiate a deal for you.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 4/15/14, 5:35 pm

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