To be eligible for leave under the FMLA or the CFRA in California, an employee must be either a full-time or part-time employee,
1. Have more than 12 months (52 weeks) of service with the employer,
2. Have worked at least 1,250 hours in the 12-month period (24 hours per week) before the date the leave begins, and
3. Work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.
Does this describe your daughter's employment situation?
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
I'm very sorry, but your daughter may be forced to make a choice over whether to go to the appointment, or be disciplined by her employer---and perhaps even terminated.
Neither CA nor federal laws provide her any protection from this sort of abuse. Under the circumstances, as her employer cares so little about its employees---she really needs to reconsider even remaining an employee of theirs---at least in the long term.
I would suggest that she get a note from her family physician to the effect that she has a serious medical condition which requires immediate diagnosis testing and that a delay could result in serious medical complications. At least if she gives a report such as this to the employer and they still refuse to let her attend the examination---if they do terminate her, she will have a very good argument that she was terminated without good cause---possibly opening up the possibility of making an unemployment claim.
I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not entirely favorable to your daughter's situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.Thank you,Doug
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