Health Leave Must Be Given in Some Cases

Q: Is a company allowed to take punitive measures against me for being absent due to illness?

I have been under a doctor’s care for more than a year. I had to leave work recently, but before I could even get in to see my doctor, my manager called me at home, complaining about having to do my work and threatening disciplinary action when I returned.

I plan to have a doctor’s note when I return to work. This is the first time I have left work due to this condition.

Was this manager’s behavior appropriate? If human resources does not intercede on my behalf, is there a state or federal authority I can appeal to?

--L.G., Irvine

A: It is difficult to tell from the information you have provided whether you have a claim or not.

If you had worked for your employer for more than a year, and had worked at least 1,250 hours when you had to leave because of your current condition, you are entitled to up to 12 weeks off in a one-year period for any absence due to a serious health condition. In that event, your employer would be violating the law by threatening to discipline or terminate you for absences that totaled less than 12 weeks.

However, if you have exceeded your leave entitlement or otherwise do not qualify for family medical leave, you may not have any rights concerning discipline or termination due to your absences.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.