Question: What happens with an employee that has a “heart attack or stroke or something” in the office and is exported by ambulance, with the employee hopping on the gerney by themselves…no calls to us what is going on…we go check and there is no answer as “symptoms” stop when they get to emergency! Then we get letters from the doctor saying that the employee can return in 30 days…when that 30 days is up we get another saying the same thing extended another 30 days.,…then we get another letter extending it another 30 days….meanwhile we are paying all her medical insurance of which the employee was to pay half…at the end of this 30 day we do not get another notice and the employee fails to show up to work at all and never calls…
Answer:
An employee with a personal medical condition might be entitled to a medical leave of absence under the federal Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA). If the employer is a “covered” employer (50 or more employees during any 20 weeks during the current or preceding calendar year) and the employee meets the eligibility requirements (1250 hours worked in the preceding year, 12 months of employment, and works at a worksite with 50 or more employees within a 75 mile radius), the employee might be entitled to up to 12 weeks of unpaid medical leave. The employer is entitled to a medical certification from the employee’s treating physician confirming that the employee’s condition meets the requirements of the medical leave acts. If the employer has any reason to doubt the validity of the certification, it may request that the employee see the employer’s physician (at the employer’s expense). During a valid FMLA or CFRA leave, the employer is required to continue paying health insurance premiums under the same terms and conditions as it was paying them prior to the leave, up to a maximum of 12 weeks.
If the employee does not meet the requirements for a statutory medical leave, they might still be entitled to a short, unpaid leave under the Americans with Disabilities Act (ADA) or California’s Fair Employment & Housing Act (FEHA) as a “reasonable” accommodation of a disability. The employer is entitled to a medical certification confirming that the employee’s condition meets the definition of a “disability” under the ADA or FEHA. The employer, and employee, have an obligation to discuss reasonable accommodations that will enable the employee to return to work and perform his/her essential job duties, which might include some unpaid time off. Unless the absence is covered by the FMLA or CFRA, the employer has no statutory obligation to continue paying health benefits for the employers, unless it has adopted such a policy.
In any event, the employee cannot just “come and go” without communicating with the employer, and providing required medical certification when requested.
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Disclaimer: The information provided above is very general and should not be construed as specific legal advice. No action should be taken or omitted in reliance upon information on this site. Readers should obtain specific professional advice concerning their individual matters as specific facts will likely change the result. Nothing herein is intended to create an attorney/client relationship. |
