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Demand to attend meeting while on disability

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caguy2018

Junior Member
#1
What is the name of your state (only U.S. law)? California

Is it legal for an employer to demand that an employee on disability for a serious health issue come in for a meeting? The office is not close to the employee's home and driving there would be a health risk.
 


Shadowbunny

Queen of the Not-Rights
#3
What is the name of your state (only U.S. law)? California

Is it legal for an employer to demand that an employee on disability for a serious health issue come in for a meeting? The office is not close to the employee's home and driving there would be a health risk.
Yes, yes it is. But if you ask nicely, they may allow you to skype.
 

cbg

I'm a Northern Girl
#4
Is the employee ALSO on FMLA?

FMLA is leave. "Disability" is how you get paid while you are on leave. It makes a difference to the answer.
 

Taxing Matters

Overtaxed Member
#5
Is the employee ALSO on FMLA?
And is the employee on either leave under the California Family Rights Act (CFRA), which is very similar to the FMLA, or the new (and distinctly different) California pregnancy disability leave?

California also has a new parent bonding leave law, too. California provides more leave for employees of covered employers than does pretty much any other state. Indeed, most states do not provide for anything more than federal law requires.
 

cbg

I'm a Northern Girl
#6
Quite true. The bottom line being that we don't have enough information yet to say whether this is legal or not. The length of time the employee has been on leave and the length of time the employee has worked for the employer are also relevant factors.
 

caguy2018

Junior Member
#7
This is state disability due to health condition which requires surgery. State disability insurance is paying every two weeks and employer is not paying any salary. There is no FMLA.
 

cbg

I'm a Northern Girl
#10
BASED ON THE INFORMATION AVAILABLE TO US at the present time, it probably isn't legal if you've been out for under twelve weeks at the time of the mandatory meeting; it is probably legal if at the time of the meeting you would have been out more than twelve weeks.

As Tax indicated, in CA this is a rather complicated area of law (it would be much simpler in many other states) and it's possible that additional facts could change the answer.
 

HRZ

Senior Member
#11
Sometimes it's a whole lot smarter to do as employer boss requests , even if it is inconvenient to your current situation ......

Unless there is something you are not posting going on.
 
#12
Is this a meeting for the whole company, all employees, those in your specific area of work, your department, etc. or is it a meeting between just you and company representatives?
 

xylene

Senior Member
#14
This is a meeting between my boss and myself for the purpose of discussing my job performance. No other attendees.
Have you asked the meeting be done at your home or some location closed to it?

Have you asked if the discussion could be done via skype or some other internet video conference?

Have you asked if it could be done by phone?


What was your employers reply to these alternatives?

(If force to meet at the office, I still stand by my advice that an uber or whatever would be cheaper than fighting them, unless their is some medical reason why that is impossible and you have said so far that it was too long a drive for you.)

I realize it is deeply personal, but what is the nature of your medical issue?
 
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