I have been on state disability (without pay from my employer) and placed off of work by my physician since May of this year. I do not qualify for FMLA.
I have provided physicians notes placing me off of work that do not include my diagnosis but include an expected return to work date. In addition to my disability, I am also 8 months pregnant and continuing to receive disability through the state (recognized by CA as being up to four weeks before the expected delivery date and up to six weeks after the actual delivery).
My employer is stating that I do not qualify for a medical leave (even though I have submitted physicians notes to them and I am on state disability) and threatening to place me on an indefinite leave of absence with no guaranteed job upon my return.
My question is: what are my rights in terms of not disclosing my personal health information? What are their rights as an employer to ask, send repeated threatening letters to my home, etc?
You need to talk to an attorney ASAP. You have MANY rights that are associated with your pregnancy. You do not need to qualify for FMLA to be protected.
Keep records of everything.
I'm sorry to hear you are going through a difficult time with your employment during your pregnancy. California provides certain protections for pregnant women in the workplace that are separate and in addition to any rights provided by FMLA. Also employers are not allowed to ask and you are not required to disclose any diagnosis you have. But, employers are entitled to know of any restrictions you may have so that they can make a good faith effort to try to accommodate you at work. You should consult an employment attorney to discuss your rights and options. Best of luck to you.
This opinion does not establish an attorney-client relationship, should not be relied upon as legal advice, and does not compel responsive follow-up answers. You are cautioned to contact a local attorney in your area who is duly licensed and is in good standing with the local state Bar for legal advice.
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