Legal Question in Disability Law in California

if an employee is on FMLA leave for a mental health disorder. But previous to FMLA leave failed a drug test. Does the company have to wait untill, employee returns back to work, to pass dicipline.


Asked on 12/06/11, 3:05 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. FMLA is not protection from otherwise legitimate actions, such as termination for cause.

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Answered on 12/07/11, 9:35 am


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