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Can my employer terminate me because of my medical condition under CA employment laws
Valencia, CA
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Posted about 1 year ago in Employment / Labor
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employment:
I have a serious medical condition and require furniture accomodations at work. Recently my employer told me I can not return to work until they have the furniture in place. Can they force me to use my personal illness time to cover their forced leave?
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Answers (2)Elizabeth Mitchell Oakes
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
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In a word, yes.
Samuel Eugene Spital
This attorney is licensed in California.
Posted about 1 year ago.
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Providing legal advice requires an understanding of all of the facts and circumstances. For example, when did the employer become aware of your medical condition? Was it before you were hired? Did your medical condition interfere with your work (performance)? Can you obtain a medical report identifying the nature and extent of your medical condition such that it falls within the protected class in which an employer must "accommodate" your needs?
If the employer is intent on accommodating your needs, are they acting diligently in providing the necessary and appropriate accommodations? These are some of the questions that should be answered in order to fully evaluate your situation and answer your question. However, an employer should take adequate and proper measures to protect "your" safety if you are suject to injury or your health is in jeopardy unless and until the work environment has installed &/or provides the appropriate equipment and supplies. Hence, they can ask you to take your sick leave during the interim. I would more likely advise the employer to give you paid medical leave. |