Employees Must Tell The Employer They Have A Disability…
CALIFORNIA COURT OF APPEAL-The Court ruled on behalf of the employer on the disability claim but watch using company forms that suggest the employee is applying for an authorized leave of absence. Here is a recap of the decision.
“Where plaintiff, who was discharged from employment for excessive absenteeism, claimed to have been discriminated on the basis of disability in violation of the Fair Employment and Housing Act, plaintiff’s evidence that he informed defendant that some of his absences were due to illness failed to raise a triable issue where there was no evidence that–prior to the date he was notified of his termination–he informed the superiors responsible for the firing that he suffered from a disability and not merely an illness. Plaintiff raised a triable issue on his claims that he was terminated in retaliation for taking qualifying medical leave, and thus in violation of the California Family Rights Act and public policy, by presenting evidence from which a reasonable trier of fact might conclude that plaintiff provided defendant with preprinted forms showing that he had been hospitalized on days that employer treated as unexcused absences and that the presentation of the forms constituted a request for CFRA leave although not designated as such.”
“CFRA” is the abbreviated form of the “California Family Rights Act” which is the California version of the FMLA (Family Medical Leave Act-Federal). Remember, if they are only going to be out for a few days, especially unexcused days, DO NOT GIVE THEM FORMS THAT REQUEST A LEAVE OF ABSENCE. When in doubt, call us.
