Rancho Santa Margarita, CA asked in Employment Law and Health Care Law for California

Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small office . My daughters pediatrician gave me a note stating I am a care giver to allow me to keep working from home because of my daughters heath condition do they have to honor it ? Or can they just tell me tough come in or lose your job ?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a strongly worded letter from an Employment law attorney will give your employer pause in declining to allow you to work from home, but it will also shine a spotlight on you that you are a potential troublesome employee. Employers can be very devious and you may find yourself and your work product under heightened scrutiny that results in a termination a few weeks or months later, for different reasons. One of the problems right now is the mass of state and federal executive directives aimed at employers, so that it is not really clear whether you have the RIGHT to say you cannot return to work due to a JUSTIFIABLE AND PROVEN family health concern. You have to look at ADA protections (Cal FEHA) to determine if this is a failure to provide you with a REASONABLE ACCOMMODATION for your daughter's physical disability.

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