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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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I have been teaching year. Just recently I have taken

Customer Question

I have been teaching for 25 year. Just recently I have taken stress leave and have a workman's comp case due to an incident involving students. However, I do not want to give my district and other professionals access to my medical records. Without these past records would I still be eligible?
JA: OK. The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else important you think the Employment Lawyer should know?
Customer: I am in California and it is a stress claim. I have never filed one before, but the conditions of California schools makes it impossible to teach without mental and emotional stress due to lack of management and discipline/consequences for student behavior
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello, If you are referring to California Family Rights Act (CFRA) and the analogous federal Family and Medical Leave Act (FMLA) benefits, then in order to qualify, you must have a physician certify your illness. The physician can be required to detail the illness, diagnosis, course of care, prognosis, etc. But, the physician's records cannot be required by the employer. See Title 29 C.F.R. §§ 825.306-825.308. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 1 year ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Customer: replied 1 year ago.
The question was in regards ***** ***** compensation.
Expert:  socrateaser replied 1 year ago.
Thank you. The California workers' compensation laws do not provide for any paid or unpaid leave benefits. The laws provide for medical and disability payments -- however, once the employer has satisfied the requirements of the law, it is lawful to terminate an employee. The employee's job protection is provided by two different laws:(1) The workers' compensation law prohibits discrimination against an employee who files a workers compensation claim. Under this law, the employee can increase his or her benefits by up to $10,000 by proving discriminatory treatment. An employer that quickly terminates an employee after a workers compensation claim is made can be viewed by the court as retaliating/discriminating against the employee. Consequently, in the short run, the employer is unlikely to terminate the employee.(2) The CFRA/FMLA law of which I previously referred, provides up to 12 weeks of unpaid leave with job protection.The combination of the two laws is generally sufficient to permit an employee who suffers an on-the-job injury or illness to maintain his or her employment for up to 12 weeks. After 12 weeks, the employer, if sufficiently motivated, can terminate the employee, pay the $10,000 discrimination civil penalty, and have no further responsibility for the employee. Consequently, my original answer is fundamentally correct (except for the addition of the $10,000 workers' compensation discrimination issue). I hope this better clarifies my original answer. Thanks again for using Justanswer!
Expert:  socrateaser replied 1 year ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!