Legal Question in Medical Leave in California

released after ''medical emergency approved leave''

i obtained an approval for medical leave to have emergency surgery for a hysterectomy. I could not return until I had a release from my doctor per their policy so I returned to my doctor to obtain release to go back to work and he extended my leave an additional eleven working days. When I submitted this they called me the next day to say I had been terminated, and to pick up my things. I had only been at this position for six months so I was not covered by FMLA. Do I have any leagal right to file complaint with California Fair Employment agency?


Asked on 5/23/02, 5:59 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: released after ''medical emergency approved leave''

As you know, you are not protected under the FMLA or CFRA because you were not employed with the company for one year. It does not appear that the nature of your medical condition is a "disability" as defined by the Fair Employment and Housing Act either, therefore, I do not believe the DFEH will accept your case. It never hurts to call and run it by them anyway.

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Answered on 5/24/02, 7:23 pm


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