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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I need to take time off work for stress and my therapist

Customer Question

Hi i need to take time off work for stress and my therapist denied me a note and work denied me my leave of unpaid leave
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California and i am a teacher. My contract is not being renewed anyway
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is that also at will
Submitted: 5 months ago.
Category: California Employment Law
Customer: replied 5 months ago.
as my contract is not being renewed
and i want to know if they can fire me before my contract ends and/or put it on my record
Expert:  LawTalk replied 5 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Can they put what on your record?

Doug

Customer: replied 5 months ago.
can they put on record that i am going on unpaid leave even though they told me that i can't go and i am not able to get a note from a doc rightn ow
Expert:  LawTalk replied 5 months ago.

Hi,

Thanks for the clarification.

Have you done anything to breach your contract with the school system?

Do you intend to take time off whether it is granted to you or not?

Customer: replied 5 months ago.
I do plan on taking it off regardless as it is important to my marriage. If i take the time off without permission then i guess it can be seen as a breach
Expert:  LawTalk replied 5 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $14 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Thanks in advance,

Doug

Customer: replied 5 months ago.
I do not want a call. I need a doctors note as a surefire to get out of work but am not having luck. I just want to know if they will fire me a week before my contract ends
Customer: replied 5 months ago.
Or if they can. If they cant and cant put it on my record for teaching then there is no issue
Expert:  LawTalk replied 5 months ago.

Hi,

If you refuse to return to work, yes, you can be terminated for breach of contract. They will not document your file with leave being taken if you are not granted leave. Your record will indicate that you have been terminated for not coming to work.

And as they are not going to renew your position next year, you can also presume that they will fire you if you do not return.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Customer: replied 5 months ago.
Well i plan on returning to work after the leave
Expert:  LawTalk replied 5 months ago.

What leave? You said that you were not granted leave. Are you on approved leave right now?

Customer: replied 5 months ago.
No so like if i can in sick type leave
Expert:  LawTalk replied 5 months ago.

Do you have sufficient accumulated sick leave to take to get you to the end of the contract? Is your doctor going to back you up on being out sick?

Customer: replied 5 months ago.
No and I believe no
Expert:  LawTalk replied 5 months ago.

Then you are not on approved leave, and you have not been disabled by a doctor---so they could fire you at any time if you are not going to work.

Please rate my service to you. Thanks in advance,

Doug

Expert:  LawTalk replied 5 months ago.

Hi,

Is there anything else I can assist you with today?

Doug