Legal Question in Medical Leave in California
flma covering cell phones
my mom is going through cancer treatment and my employer has been aware of this for over a year now. I always keep my cell phone with me for 24 hour contact with mom, as per doctor coment in itermittant fmla paper work. My employer fighting me on the phone issue. I've been written up 2 times now for having the phone on me both times I never even used it. who is in the wrong here.
1 Answer from Attorneys
Re: flma covering cell phones
Your question is difficult to answer not knowing the context of your situation. For example, if you work in a hospital setting where cell phones are not permitted, the employer would clearly have a good reason to prohibit having one on you. This should be balanced with the reason why you need to be available for a phone call 24 hours a day. If you must be on call to provide medical care for your mother, at a moment's notice, you have a stronger argument.
These are matters that are best discussed with a trained human resource manager, familiar with FMLA regulations. If you believe it is fruitless, consult with an employment law attorney in your area.
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