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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1264
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was recently put on medical leave without my permission or

Customer Question

I was recently put on medical leave without my permission or involvement in the decision. I found out about on my days off when I was told I would need to clear medical before returning. I am a type one diabetic and fainted at work after my blood sugar went to low.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Can you please tell me what your legal question is and also what State you work in? In addition, are you in a union and how many days off did you need to take, if any, for your blood sugar issue?
Customer: replied 4 years ago.
Did you get my response?
Expert:  Marsha411JD replied 4 years ago.
No, I am sorry but it did not come through.
Customer: replied 4 years ago.
I just tried again
Expert:  Marsha411JD replied 4 years ago.
I am not sure what is going on, but I will send this problem to customer service and see if they can assist you. Once they get the problem figured out and you can respond, I will assist you as soon as I am available.
Expert:  Marsha411JD replied 4 years ago.
I wanted to check with you after I sent your issue to customer service to see if they were able to assist you and figuring out what might be going wrong with your submission of a response to my questions. I am able to receive your messages asking me if I received the response, but not a response. So, I will try this again, this way and ask them again and if you still need assistance, just click the Reply to Expert button and answer those questions. Thank you for your patience with the system issues.

Can you please tell me what your specific legal question is and also what State you work in? In addition, are you in a union and how many days off did you need to take, if any, for your blood sugar issue?
Customer: replied 4 years ago.
I am wondering if it is legal for them to put me on medical leave of absence without telling or consulting me.
I am in San Diego, CA.
I am not part of a union.
I was not incapacitated at the time they put me on the medical leave.
Expert:  Marsha411JD replied 4 years ago.
Thank you for your response. Well unfortunately we have run into another hiccup. That is that you are in California. Unfortunately only attorneys licensed in California are allowed to answer California Employment Law questions, which is an entirely separate category than our regular employment law. I am not licensed in California, so I am going to have to OPT OUT of working with you and open this up to a CA attorney.

I am so sorry for all of the delay and hopefully this will get you on your way to an answer. No need to respond, as an Expert will let you know when they have your question.
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

I can assist you with a CA Employment Law issue. I will however need some additional information to understand the circumstances you faced.

1. Are you saying that you were placed on FMLA leave, or is this leave some sort of short term medical leave the employer allows employees to take?

2. How long were you out of work with your illness? When you fainted was that at work?

3. Were you paid for sick leave or vacation time while you were out on this medical leave?

Doug

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