Right to Extended Leave for Health Prescribed by Law

Q. My wife just returned to work after being off on medical leave. Prior to that, she took sick leave ranging from one day to three consecutive days. Upon return, she was warned that if she took leave again, she would be terminated according to the company policy. Is this legal?

--M., Lake Forest

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A. It is illegal for an employer to discriminate or retaliate against an employee who has taken medical leave for a duration allowed by state or federal law.

Even though there are some exceptions based upon extreme hardship to the employer, employees have many rights to a leave period of three months or more, depending on the type of illness and applicability of state or federal law.

In your wife’s situation, if she has not used up her authorized leave according to state or federal law, it would be improper for the company to terminate her for additional sick leave.

Keep in mind that it is the employer’s responsibility to apply the leave to state or federal law.

If the company fails to document it in writing, her rights to the full leave period may continue to be preserved from day to day.

If she has already used up all the leave that she is authorized to use according to law, the employer may be entitled to terminate her for excessive absenteeism.

Since her employer threatened termination if sick leave happened again, much of your wife’s rights depend on her rights to legal leave on the date that it occurs in the future.

Also determine whether the company is applying a double standard and treating your wife more harshly than other employees.

--Don D. Sessions, Employee rights attorney Mission Viejo

Parental Interest Limited

Q. I am an employer and employ minors. One of the parents insists that she be privy to what I consider employer-employee matters. I don’t want to discuss work-related issues with her. Who is right?

--K., Costa Mesa

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A. It depends on just what the parent wants to discuss with you. You have a right to operate your business free from outside interference. The parent has responsibility for, and a legitimate interest in, the well-being of her minor children.

If it is a matter involving the health or safety of the minor--medical information or potentially hazardous working conditions, for example--the parent would have a stronger interest in knowing about her child’s activities at work. Keep in mind also that, for reasons of protecting the health and safety of minors, state and federal laws regulate the kinds of occupations in which minors may work and the number of hours per week they work.

By contrast, if the parent’s inquiries deal more with business issues not relating to the child’s health and safety, you have no obligation to allow the parent to interfere. Items you would probably be safe in declining to discuss with the parent include pay, discipline, performance standards, evaluations, and the like.

--James J. McDonald Jr., Attorney, Fisher & Phillips Labor law instructor, UC Irvine

Friendships at Office Can Cause Bad Feelings

Q. I am currently working as an accountant for a company that I have been with for two years. Since I started working here, I have been saying that it is the best company I have ever worked for. I have never been so happy with a job. My boss always complimented me on my work. I always thought that I would stay here until I retired (which is about 30 more years). I am paid well and up until recently I was treated well. I always felt that the owners trusted and appreciated me. It is a small, family-owned company with about 250 employees.

Recently, I started to go out and do things with a guy who is the head of another department. We are just friends but we have fun together. There is no company policy that forbids employees being friends outside of the office or even dating each other.

I have been approached twice by the owners about the fact that we do things together and that the owners feel “uncomfortable” about our being friends. He has been approached three times.

I think they feel that together we have the ability to start our own company. I have explained to them that neither of us wants to do that. We just have a good time together. We never talk to each other at work, and we make it a point not to let our friendship interfere with our work.

I now feel very uncomfortable being in the office. I feel as though they don’t trust me with any information. I feel like they are trying to get me to quit because they have no grounds to fire me. I am continuing to perform my job duties as well as before, as if nothing is wrong.

What are my rights and where can I get help? Can they dictate to me how to spend my free time and should I let them?

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A. Generally, an employer cannot dictate to an employee how to spend free time away from the work environment. However, many companies will attempt to avoid assignments that involve actual or potential conflicts of interest.

Many personal relationships cause disruption, create a negative or unprofessional work environment, or can even present concerns regarding supervision, safety, security and/or morale.

It is difficult to assess whether or not these issues have become the employers’ concerns in your situation. You should assess your personal relationship and determine whether any of these business situations have become an issue. If so, perhaps you need to weigh your options carefully and make some decisions, while you still have the opportunity.

Sometimes when there are direct business conflicts, one or both of the employees must seek a transfer or request a reassignment that eliminates actual or potential business conflicts. A company may take whatever action is necessary or appropriate to avoid the actual or potential conflicts. Some examples include transfers, reassignments, shift changes, and even disciplinary action, including possible termination.

--Elizabeth Winfree-Lydon, Senior staff consultant The Employers Group