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When AWOL Rules and ADA / FEHA Disability Rights Collide

1/31/2013

6 Comments

 
Picture
One common scenario where AWOL (Absent Without Leave) rules and an employee's FEHA/ADA disability rights collide and conflict is state agencies and other employers that have set and rigid AWOL policies that they apply to everyone universally. The two common problems with such policies repeat themselves over and over in many wrongful termination claims, and these bad policies can work to an employee's advantage in proving their case in court:

* Rigid, uniform AWOL policies that are applied the same way to all employees. Even though it sounds fair to apply the same leave policy to all employees, it goes completely against the very essence of ADA and FEHA disability laws, which call for an individualized assessment of a qualifying disabled employee's disabilities, restrictions, and limitations. Indidivually evaluating a disabled employee's needs is a cornerstone of the "interactive process" in which the employer is required to engage in with a disabled employee.

* The language of the AWOL government code statute and other AWOL related statutes makes granting leave discretionary. The AWOL rules typically say that an employee who is out for a certain number of consecutive days without "approved" leave may be deemed AWOL resigned. The problem is that whether that leave is approved is completely up to the management. A manager may decide not to approve a disabled worker's medical leave for whatever reason, even though all the necessary medical documentation to support the requsted medical or disability leave has been provided.  

The above two issues open a lot of doors for some employees, and especially state and county employees, terminated due to being AWOL, to legally attack their termination in court through a wrongful termination and/or disability discrimination lawsuit.  

6 Comments
Juan Rangel
8/4/2016 09:16:10 pm

I am WC TTD leave following ER not providing medically required Ergonomic Chair. I have several accepted WC Injuries & ER has full knowledge of limitations that are continued to be violated. Prior to current med leave, ER removed ee from Ergonomic Work Station & directed to use ordinary desk & regular work chair, trying toprove no need for ergonomic equipment. ADA Violations - Please Help

Reply
arkady itkin link
8/7/2016 10:07:23 am

Hello. You are welcome to call me at 415 640 6765 to discuss this situation.
Thanks,
Arkady Itkin

Reply
departamento en fco del paso y troncoso
7/13/2022 02:34:34 pm

Tampoco es raro que se produzcan importantes necesidades de efectivo sin previo aviso. Es posible que se mude a su casa y se encuentre invirtiendo en un techo nuevo, un calentador de agua u otro sistema físico o mecánico, como el aire acondicionado. Eso podría costarle cientos o muchos miles de dólares.
<a href="https://www.fcodelpasoresidencial.com/" rel="nofollow ugc"></a></p>

Reply
Tex Hooper link
4/27/2023 04:50:52 pm

Thanks for explaining the government code. My sister has Down syndrome and needs help. Hopefully, she can get some accommodations.

Reply
Steve Thomas link
7/14/2023 06:37:44 am

Your article served as an excellent resource for understanding the complexities and legal considerations surrounding the collision of AWOL rules and disability rights. I commend your expertise in the subject matter and your ability to present it in a clear and accessible manner.

Thank you for sharing your knowledge and insights on this topic. Your contribution to the field of employment law is greatly appreciated.

Reply
Sharrale Ward
6/7/2024 09:15:43 pm

This example of providing medical substantiation as request by my employer then being awol resigned without receiving notice my medical note and time off was not approved. Can you help me with the caller appeal to reinstate? My FMLA rights were also violated as I made a FMLA request and my employer never responded.

Reply



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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
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  • Contact
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    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case