Q: Am I eligible for leave? Can I get unemployment or disability on a leave? Can they fire me?
I live with my husband and his mother. She is returning home from the ICU with covid 19. She is still presumed positive. We were told by her doctors that she can not be exposed to outside germs as her immune system is extremely weak. I am a teacher of preschoolers who does not wear a mask. My work said I need to show up or be fired. I also understand living in the same house with the same air I am reexposed.
A:
Get a doctor's note from her doctor explaining the situation and that you need time off for a defined period of time as an accommodation. Provide that note to your employer. If you work for an employer of at least 5 employees, unless providing that leave for a defined period of time would constitute an undue hardship on the employer, it will be required to give you the time off or face legal consequences.
Good luck to you.
A:
In Government Code §§ 12940, et seq. there is the California Family Rights Act (CFRA) which allows that certain covered employees are entitled to time off to care for immediate members of the family. BUT, the employer usually has to employ at least 50 employees and the employee has to have been employed there and worked 1250 hours during the preceding year. Mr. Pedersen is a wise employment attorney, and I concur with his suggestions. I am also concerned that you are unmasked, working in a pre school. This may be a violation of law, as well as a personal risk to you, your family and your students.
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