Part-Time New Hire

Zacks Mimi

We have a part-time employee (just at six weeks) who is still in a training period. She has missed 1/3rd of the time due to illness.She missed all last week. She has a pituitary tumor, and is waiting for a bed at UCLA. What are our options? Is there a limit as to how long we must hold her job open? Our probation time is six months. We did not know about this condition when we hired her. Thanks for your input.

(BJ)

Policy versus compassion is the apparent question. It would appear based on your policy and past practice, that you would be able to terminate. But why not accmmodate if possible? The decision should be based on medical information i.e. length of illness, duration of disability, etc. If the time off is going to exceed what has been given in the past, and would exceed the probationary period, you must consider the needs of the company and the future situations. If you can accmmodate, please do.

System

Zacks:

Although there probably is no obligation to offer FMLA or CFRA leave to the individual, the worker may very well be covered by California's new disability law, AB 2222. This amendment to California's anti-discrimination statute significantly broadens the impairments that will be considered to be a "disability." The measure also now imposes on employers a statutory obligation to engage in an "interactive process" with disabled workers in an effort to identify reasonable accommodations.

Thus, the prudent course may be to attempt to reasonably accommodate the individual with a leave unless doing so would create an undue hardship. Prior to discharging the worker, you should consult counsel given the possible exposure. For more information on this new California law, see the January 22, 2001 issue of California Employment Law Letter, at page 4.

Gillian

Best to listen to the attorney advice on this one. Your organization could be in trouble if you act precipitously. California regulations in this area are very restrictive. Joe Beachboard is an attorney somewhere so take his advice. This writer often serves as an expert witness in employment cases so you now have a double caution.

System

Yes, Joe's an attorney in Los Angeles. You can read more about him by clicking the link "Find an Attorney" in the left menu under "Real Life HR." Choose California. Choose other states to read about the other attorneys who participate on this forum.