How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

We are a small business in California and have an hourly part-time

This answer was rated:

We are a small business in California and have an hourly part-time employee who went out sick in June and has been providing doctor's notes in two week increments ever since. We heard she may be getting some state disability benefits for her issue, but we're not certain. Although we are not out any direct costs (she has no sick time, no vacation time and no medical benefits), we're wondering how long we should continue to keep her on the books as an employee. Should we just keep entertaining her two week doctors notes for however long it takes? Or should we terminate the employment?
Hello.

I'm sorry to hear about your situation and hope I can help.

As long as the employee is not on FMLA or another form of protected leave, you are not obligated to keep the employee on for any length of time.

As an at-will employee, you can terminate her employment at any time for any reason with or without any prior notice if you choose to do so.
Customer: replied 4 years ago.
Does being out sick and unable to return to work for 4 months (based on a doctor's note) qualify for FMLA or being protected?
No, it does not qualify for FMLA leave and is not protected. Only if you had more than 50 employees and the employee worked more than 1,250 hours in the past year would the employee potentially qualify for FMLA leave.

And, in that case, the employee would still need to apply for FMLA leave to be eligible.
Joseph and 2 other California Employment Law Specialists are ready to help you

Related California Employment Law Questions