Federal and state laws protect workers who require medical care and treatments. Simply put, employers must allow injured or ill employees to seek and receive medical treatment and cannot terminate them for doing so. However, a worker must be able to fulfill the basic work requirements and meet company performance standards.
A variety of state and federal laws protect workers, so they can receive the proper medical care. These laws include the California’s Fair Employment and Housing Act (FEHA), Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Open and honest communication
Your personal health status and medical history may be sensitive subjects. You should speak candidly to your supervisor and human resources department. Clearly explain your condition and current medical needs. Many employers will help if they understand your health problems and the necessity for receiving medical treatments.
Worker and citizen protection laws
You must have your injury or ailment properly documented and then you need to submit this documentation to your employer’s human resources department. Once done, the proper safeguards are in place while you’re out on temporary disability or leave
Many federal laws protect workers, but California’s FEHA provides protection on the state level. It prohibits companies with six or more employees from discriminating against an employee for any medical condition, physical or mental disability, pregnancy and other issues.
The best legal option to pursue
If an employer is not complying with the law, you need to take action and document any violations. The law grants you rights to receive necessary and prudent medical care. Take the time to gather all emails, documents and statements from employees or other witnesses. In California, you have many different legal options. Start with the FEHA because they will investigate the claim and process the complaint much faster than on the federal level.
