Legal Question in Medical Leave in California

The company that I work for penalizes you for calling in sick by giving you a point for each occurance. Too many points could lead to termination. A few months ago I was at a dentist appt. that was taking longer then normal. I called work to inform then that I would be late for work and assured them that I would be there ASAP. I arrived at work 30 minutes late and brought a note from the dentists office to prove that I was there. I was penalized for this. I tried to fight it and was told that late is late no matter the reason. This was not a case of sleeping in late or getting a flat tire on the way to work. This was a medical reason. I feel that they should erase this point from my file. I am under the impression that the law allows for me to seek medical attention when necessary.


Asked on 6/02/10, 11:52 pm

2 Answers from Attorneys

Your company should erase your 30 minutes delay from the file because of genuine medical reason and that too you carried a note from the dentist. For your security speak to attorney.

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Answered on 6/03/10, 3:46 am
Terry A. Nelson Nelson & Lawless

you can seek or do anything you like, but 2 things apply to you:

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, 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 maternity / medical leave when you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with the minor illness does not fall within the protections.

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Answered on 6/03/10, 3:06 pm


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