California Employment Attorney Blog

Employer contends that employee was terminated for failure to report to or call work for three consecutive days, which is in violation of its Punctuality and Attendance policy. Employer does not contend that there were any performance issues with employee.

Employee was hospitalized because of her chronic asthma on the following days:

Tuesday, July 2006 - Employee was hospitalized and did not report to work. However, her mother contacted her employer to advise of her condition.

Wednesday, July 2006 - Employee was hospitalized and did not report to work. However, her mother contacted her employer to advise of her condition.

Thursday, July 2006 - Employee was hospitalized and did not report to work. Employee did not contact her employer and no one from her employer attempted to contact her.

Friday, July 2006 - Employee was discharged from the hospital. Employee did not report to work. Employee's mother contacted her employer and advised them that employee was being discharged from the hospital and that employee would contact her employer after her follow-up doctor's appointment to advise as to her return date.

Monday, July 2006 - Employee did not report to work. Employee spoke with Human Resources personnel, who requested that employee obtain a doctor's note covering her for the dates that she missed work, a return to work date with the doctor's signature. Employee agreed to do so and told the Human Resources personnel that she would advise her Supervisor of her return to work after her follow-up doctor's visit.

Tuesday, August 2006 - Employee did not report to work. Employee did not contact her employer and no one from her employer attempted to contact her.

Continue reading "California Disability Laws Cover Chronic Asthma" »

Employee was hired directly by employer in July 2006 to work as a Service Order Writer at its El Segundo, California office. In July 2006, employee was hospitalized because of her chronic asthma. Employee's mother contacted her Supervisor, and informer her that employee had been hospitalized because of her asthma. Supervisor asked employee's mother to keep her updated with employee's condition. Employee's mother called Supervisor the next day and informed her that employee was still in the hospital, nothing had changed, however, if something did, she would let her know. A couple days past and employee's mother called Supervisor and let her know that employee was being discharged from the hospital. Supervisor asked employee's mother for a return date for employee. Employee's mother indicated to supervisor that employee had a follow-up appointment with her doctor and after the appointment employee would advise Supervisor of her return date. Supervisor also asked employee's mother to let employee know that she will require a doctor's note in order to return to work.

A few days thereafter, employee spoke with employers Human Resources Department. The Human Resources personnel asked employee to obtain a doctor's note to cover her for the days that she missed, provide a return to work date, with the doctor's signature. Employee responded by telling the Human Resources personnel that she should get the doctor's note at her follow-up visit and would let Supervisor know of her return to work date.

Continue reading "Chronic Asthma is a Covered Disability in California " »