i asked my employer to excuse me for work for just one day because of health issues and they denied me so i decided to call out instead because i needed to see my doctor and i asked my doctor for an excuse note so i can give it to my employer and now my e
i asked my employer for the day off and they said no because they have no one to cover me and i explain to them that its because of my health and that they needed to do some lab test and so on but they still said no so i decided to call out because my health is important. When i went to see my doctor she gave me an excuse letter for not showing up for work because of health issuses so i gave it to my employer and they told me they can't accept it and that their going to write me up for calling out. What can i do in this situation?
1 answer | asked Oct 30, 2015 11:04 AM [EST] | applies to California
Answers (1)
It depends on the size of your employer and the kind of medical condition you have. If any of the following applies to you, then you might want to post again for more info.
You may have legal protection if your employer has at least 5 employees and you have a disability as defined by the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) (a physical or mental impairment that limits one or more major life activities).
You may have legal protection if your employer has at least 15 employees and you have a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) (a physical or mental impairment that SUBSTANTIALLY limits one or more major life activities).
Both laws prohibit an employer from firing an employee because of disability, discriminating against an employee in any way because of disability, and both laws require an employer to provide reasonable accommodation to an employee with a disability if doing so will help the employee perform the essential functions (main parts) of his or her job.
Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Please look at my guide to the ADA: http://www.thespencerlawfirm.com/tslf-ada.php and my guide to the differences between the ADA and California's more generous FEHA: http://www.thespencerlawfirm.com/tslf-feha-vs-ada.php.
If your employer has at least 50 employees who work within 75 miles of one another, AND if you have worked for this employer for at least 1,250 hours in the immediately-preceding year, AND if you worked for this employer for a total of one year or more all together, you may have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). The FMLA is a federal law that provides up to 12 weeks of unpaid leave to employees who have a serious medical condition as that is defined by the FMLA, or who have responsibilities for an immediate family member with a serious medical condition. In general, a serious medical condition is something that lasts more than a day or two and requires medical attention. Note the 12 weeks of leave may be taken all at once or broken up into units of one month, one week, one hour or even less, provided the total does not exceed 12 weeks. At the end of the leave, the employer must return you to the same position or one that is substantially similar. Please look at my guide to the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.thespencerlawfirm.com/tslf-fmla.php.
California has a law that is very similar to the FMLA: the California Family Rights Act, Government Code section 12945.2 (CFRA). The main differences between the FMLA and the CFRA are with respect to pregnancy issues. Also, the FMLA allows two years to pursue a claim, and the CFRA allows one year.
Finally, if your health condition was caused by your work or was made worse by your work, you probably have a situation covered by California's workers' compensation laws. These laws prohibit an employer from taking adverse action against an employee because of an on-the-job injury.
Employment law is complicated and fact specific. If you believe any of the laws mentioned apply to you (other than workers' comp), you may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.
If the workers' compensation situation applies, then you might already have a workers' compensation attorney. If so, talk to your attorney about a claim under Labor Code 132a, which prohibits adverse actions based on workers' compensation injuries. If you do not yet have a workers' compensation attorney, you can find one on the California Applicant Attorneys Association (CAAA) web site: https://www.caaa.org. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Oct 30, 2015 11:33 AM [EST]
You may have legal protection if your employer has at least 5 employees and you have a disability as defined by the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) (a physical or mental impairment that limits one or more major life activities).
You may have legal protection if your employer has at least 15 employees and you have a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) (a physical or mental impairment that SUBSTANTIALLY limits one or more major life activities).
Both laws prohibit an employer from firing an employee because of disability, discriminating against an employee in any way because of disability, and both laws require an employer to provide reasonable accommodation to an employee with a disability if doing so will help the employee perform the essential functions (main parts) of his or her job.
Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Please look at my guide to the ADA: http://www.thespencerlawfirm.com/tslf-ada.php and my guide to the differences between the ADA and California's more generous FEHA: http://www.thespencerlawfirm.com/tslf-feha-vs-ada.php.
If your employer has at least 50 employees who work within 75 miles of one another, AND if you have worked for this employer for at least 1,250 hours in the immediately-preceding year, AND if you worked for this employer for a total of one year or more all together, you may have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). The FMLA is a federal law that provides up to 12 weeks of unpaid leave to employees who have a serious medical condition as that is defined by the FMLA, or who have responsibilities for an immediate family member with a serious medical condition. In general, a serious medical condition is something that lasts more than a day or two and requires medical attention. Note the 12 weeks of leave may be taken all at once or broken up into units of one month, one week, one hour or even less, provided the total does not exceed 12 weeks. At the end of the leave, the employer must return you to the same position or one that is substantially similar. Please look at my guide to the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.thespencerlawfirm.com/tslf-fmla.php.
California has a law that is very similar to the FMLA: the California Family Rights Act, Government Code section 12945.2 (CFRA). The main differences between the FMLA and the CFRA are with respect to pregnancy issues. Also, the FMLA allows two years to pursue a claim, and the CFRA allows one year.
Finally, if your health condition was caused by your work or was made worse by your work, you probably have a situation covered by California's workers' compensation laws. These laws prohibit an employer from taking adverse action against an employee because of an on-the-job injury.
Employment law is complicated and fact specific. If you believe any of the laws mentioned apply to you (other than workers' comp), you may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.
If the workers' compensation situation applies, then you might already have a workers' compensation attorney. If so, talk to your attorney about a claim under Labor Code 132a, which prohibits adverse actions based on workers' compensation injuries. If you do not yet have a workers' compensation attorney, you can find one on the California Applicant Attorneys Association (CAAA) web site: https://www.caaa.org. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Oct 30, 2015 11:33 AM [EST]
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