I was recently involved in a racial discrimination investgation. A supervisor told me that her suborinate was "riding me" (harrasing me) because of the color of my skin. The company launched an internal investigation. DUring the investigation, I took sick leave. When I returned to work after the company found "no discrimination" I was told that they would not pay me for my extended sick leave benefits unless I showed the that my Leave Notice from my Doctor was for a "phyiscal" reason. This was request is not supported by company policy or practice. What are my rights under FMLA? or any other California or federal law?

Attorney Client Privelage

1 answer  |  asked Jul 13, 2001 5:10 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
your benefits and the law

your extended sick benefits, which i assume means sick pay, are not affected by the family and medical leave act or by the california family rights act. those laws only protect your right to leave for your own serious medical condition. they do not require that you be paid by the company for that leave. the return-to-work requirements and requirements for payment under any sick pay plan vary with the company.
on the other hand, if your benefit plan has no requirement or option for the company to require you to produce medical evidence of the need for your leave, and you are treated differently on your return to work on account of your participation in a discrimination investigation, this may be retaliation for your participation. you should consult with an attorney experienced in employment law if you believe you are being retaliated against.
janet koehn

posted by Janet M. Koehn  |  Jul 13, 2001 5:17 PM [EST]

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