What can I do if I disclosed that I had a medical condition to my employer and now feel that I am being retaliated against?

My boss used to go around the office calling me their son, saying I can’t do anything wrong. I have a heart condition that kept me up all

night, so when I was no longer incapacitated I reported to them what had happened. I also let them know I am going to see my doctor, and try and figure out what was going on. My doctor put me out of work for 2 days Thursday and Friday with a return on Saturday. Friday night I felt like I had strep throat, and said I won’t be in on Saturday. My boss become disgruntled and said,

Asked on December 26, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The ADA and other anti-employment discrimation laws require "reasonable accommodations" to employee medical conditions, BUT do not allow employees to miss work: that is, missing work is not a reasonable accommodation. You can only miss work if you had and used PTO to cover the absence, or were eligible for FMLA leave (which means that the employer must have at least 50 employees located without a 75-mile radius) and used it for the medical absence. 
If you had and used PTO or FMLA leave and they still wrote you up or disciplined you, that is likely illegal disability-based discrimination and/or FMLA discrimation; if this was the case, contact the federal EEOC or your state's equal/civil rights agency (one or the other may refer you to the department of labor if the main issue is FMLA retaliation, but start with the EEOC or equal/civil rights agency).
If you did not have PTO to cover the absence, and your employer is not large enough to fall under FMLA so you would have no recourse to FMLA leave, then you could not legally miss work, even with a medical problem. If you did, they could legally discripline, or even terminate, you, since again, missing work is not a right under the ADA and anti-discrimination laws.


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