Part-Time New Hire
Zacks Mimi
5 Posts
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.
Comments
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.