California-How long does an employer have to remedy a medical issue before quiting?
My brother was on medical leave due to an anxiety disorder that is aggravated by his job. His FMLA is done and the doctor has released him almost 3 weeks ago. The doctor gave him a notice that he was not to return to the same position due to his mental health. He asked HR if there were any other positions available. She said she would check with the GM and get back to him. After about a week, he contacted her and she said they needed more specific information as far as his work limitations. He had a hard time getting the doctor to give him something in writing, about another week went by, and just yesterday got the doctor to request that his work hours be adjusted to a regular 8-5 day and limited driving. He has left HR messages all day today with no return call. In the meantime, almost 3 weeks have gone by and no work still and no more DI benefits. How much loger should his employer have to decide if they have a position for him or not? I want to make sure he covers this base before he quit so he can get UI benefits. Please help. Thanks!
Quite frankly I think that’s what the employer is trying to do .. cover their bases.
I don’t know if or what the “time limits” are as far as FMLA for some kind of response from the employer, but there is a lot of information and fact sheets at the USDOL (wage and hour division.
If you want my honest opinion .. I think you should contact a lawyer.
I think there may be issues involving not only FMLA, but the ADA.
Why don’t you read some of those fact sheets on the page I linked to .. in the short time I was there I did notice something that made me think employers are required to be “responsive”.
I’d like to help more, but due to the seriousness of your brother’s illness and the fact that you are asking a question .. over my head, I think his interests would best be served by asking someone who has a good working knowledge of California and Federal labor laws, namely a California Employment Attorney.
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