California Supreme Court Issues Mixed Ruling on Medical Leave

On Monday, the California Supreme Court issued a mixed ruling regarding a 1993 state law that permits workers to take unpaid medical leave in a case involving a technician at Sutter Roseville Medical Center, the San Francisco Chronicle reports.

The law allows employees to take 12 weeks of unpaid medical leave and be reinstated without penalty when they are unable to perform basic job functions due to a serious health condition. Companies with more than 50 employees are subject to the law.

The technician maintained that she suffered from stress that restricted her from performing her job at Sutter, although she performed the same duties at another part-time job.

Sutter fired her when she tried to take unpaid medical leave under the law.

The court ruled 4-3 in favor of the technician, concluding that her being able to perform the same duties in a lower-stress environment did not preclude her from seeking medical leave. The ruling reinstated her damages suit against Sutter.

However, the court rejected the technician's argument in another matter.

The technician's doctor found that she was suffering from depression and recommended that she take time off of work. Sutter requested a second opinion, and that physician concluded that the technician could continue to work.

Sutter fired her after she went on unpaid, medical leave.

The law permits employers who doubt a physician evaluation to require the worker to see another physician at the employer's expense. If two physicians disagree, the employee must see a third physician, agreed upon by the worker and the employer. The third physician's assessment is considered the final decision in the matter, according to the law.

The plaintiff's lawyers argued that Sutter forfeited the right to challenge her disability and must pay for lost wages and emotional distress because she was fired after the second assessment.

The court ruled 6-1 that the medical referral is only one option under the law and that employers can dispute the worker's eligibility for medical leave in court.

Joel Krischer, a lawyer for the Employers Group and the California Employment Law Council, said employers won the most important issue in the case, the ability to "investigate the legitimacy" of unpaid medical leave (Egelko, San Francisco Chronicle, 4/9).