Medical Leave Violations in California
California is one of the more progressive states in terms of providing employees with legal protections for medical leaves of absence. But many employers are less than enthusiastic about people missing time even though workers and their families may be suffering from traumatic injuries and illnesses. As an employee, it’s important to understand your rights in the event that an employer interferes, discriminates, or fires you because you need time off. Maybe you need the time off because you were involved in a serious auto accident, motorcycle crash, or other unexpected accident or illness.
Family And Medical Leave Protections
The Family Medical Leave and the California Family Rights Act are designed to protect you if you cannot work because your health or the well-being of a loved one has been compromised. Loved ones include your:
- Spouse
- Domestic partner
- Child or parent
Both acts have specific eligibility triggers for leaves that include the length of employment, hours worked, and hardship to the employer. If you qualify, the employer cannot legally fire you or interfere with your leave. While the FMLA and CFRA define workers’ right in a straight forward fashion, there has been some disagreement between employers and employees about leaves for ongoing treatment that have forced employees to file lawsuits.
Continuing Treatment
If you or a family member suffer an ongoing medical condition that prevents you from performing your duties, the law is definitely sympathetic to your situation. Types of injury, illness, and treatment that qualify include:
- Ongoing care: This basically means being unable to work for three straight days and receiving care at least twice or being placed on a treatment plan by a health care professional.
- Recuperation: Things such as surgeries that require follow-up visits and rehabilitation are a reason to miss work.
- Chronic illness: Ailments that reoccur or require treatment from physicians, clinicians, and other health care providers can inhibit your ability to work even if caused by an underlying condition.
- Permanent or long-term: For some conditions, there is either no effective treatment or cure and therefore you could be out indefinitely.
- Intermittent absences: As an employee, you may also be able to take sporadic leaves for serious health conditions that incapacitate you from time to time.
The severity of your condition is not the main issue when it comes to a legitimate leave. What is important is that it prevents you from being able to work.
Attendance Discrimination
Some companies use “no-fault” attendance policies as a means to appear impartial when it comes to raises, terminations, and promotions. They view attendance as either you’re present or absent. However, the law does not allow employers to use such policies as a way to diminish your value. Missing work due to illness cannot be lawfully used as a measure against advancement in pay or position. It also cannot serve as a means to let you go. Employer policies such as these often result in discrimination lawsuits.
Paid Sick Time
In California, after you are with a company for one year, you earn one hour of sick time for every 30 hours you work. You must give your employer notice as soon as you know that you will be out and sick time can be used to care for family members which may include grandparents, grandchildren, and siblings. If your employer refuses to pay you for proper use of sick time, you can recoup the lost wages and they will be responsible for your attorney fees.
Disability Leaves
Employers are required to keep a suitable position open for those who suffer a physical disability as long as the absence from work doesn’t create a significant hardship. There is some disagreement about how long a company must hold your job, so it’s wise to seek legal advice early.
Pregnancy Disability
The state’s Pregnancy Disability Leave Law allows women a four-month absence who encounter health issues related to pregnancy. The protection is not limited to childbirth and includes things such as:
- Prenatal care
- Severe morning sickness
- Medical bed rest
- Risk of complications
- Recovery from childbirth and labor
The threshold for qualifying is relatively simple. Basically, if you cannot perform all of your duties, you may qualify. One of the common fear women face is that they’ll be replaced by a temp. However, employers must give you the same position when you return.
Although California lawmakers have put reasonable protections in place for hard-working men and women, too often employers do not respect those rights.
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Source: http://www.dfeh.ca.gov