Legal Question in Medical Leave in California
Fmla retaliation/threats of discpl. Action
I've been at my job for almost 4 yrs and have an intermittent FMLA for severe asthma/C.O.P.D. I've been to four meetings where I was threatened with disciplinary action, was treated with hostility, and one meeting I could not stop crying. I have been in meetings w/HR and have expressed my feelings about harrassment and retaliation. I have exhausted all of my FMLA time as of now and I am so afraid because my asthma is so unpredictable and my rolling calendar says my next hours come off at the end of Dec. Do you think I have a claim?
2 Answers from Attorneys
Re: Fmla retaliation/threats of discpl. Action
You don't say what you were threatened with disciplinary action for. If it was for taking protected time off under the FMLA, you may have a claim assuming it can be proven.
The larger concern would be what happens once you run out of protected leave time (12 weeks within 12 months). If the employer can show your absence is creating an undue hardship, it may be difficult for you to ask for an accommodation based on disability.
It is probably wise to ask your Human Resource manager for an accommodation now, in anticipation of possible illness due to your condition. An accommodation can include any number of considerations, from being able to telecommute from home, to providing a workplace conducive to enabling you to breath better, while at work. The employer is required to explore different options, depending upon its size and financial wherewithal. Start keeping a time-line of all events.
If this becomes to burdensome, consult with an employment law attorney in your area.
Re: Fmla retaliation/threats of discpl. Action
You should talk to an attorney now -- so that you will have a better understanding of what the law requires, and so that you can plan what to do. It should also help you with your anxiety over the situation. The employer may be required to provide you more than just FMLA leave, intermittent leave could be an accommodation under the Americans with Disabilities Act -- California's version -- I am in downtown SF -- feel free to call me or send an email with more info to my office address.
(my phone # cannot be posted here but is on the website: www.knisbacherlaw.com)
Good luck.
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