Fresno lab worker who had long-term COVID is suing hospital, says she was fired for illness
A longtime employee at Community Hospitals of Central California, who was recovering from a bout of “long haul” COVID-19, says she was fired by her employer for missing too many days of work.
Kathleen Hamada, a 33-year clinical lab scientist for the medical center, filed a lawsuit Monday in Fresno County Superior Court accusing her former employer of discrimination based on disability, retaliation in violation of medical leave laws, wrongful termination and other charges.
Michelle Von Tersch, senior vice president of communications & legislative affairs for Community Medical Centers, said that while she can’t comment on pending litigation, she said “patient care and employee well-being is our highest priority.”
“During the COVID-19 pandemic Community Medical Centers expanded employees assistance programs including extended time off for employees to care for themselves and their loved ones,” she said in a statement.
Hamada became sick with COVID-19 in mid-April 2020 and her doctor put her on medical leave for about six weeks, the lawsuit states. When she returned to work in June, she was still suffering from the effects of the coronavirus.
Doctors refer to people who continue to experience symptoms for weeks and sometimes months as “long haul” COVID-19 patients.
Hamada’s doctor suggested she take intermittent medical leave due to her continued illness combined with her underlying medical conditions that included diabetes, cardio-pulmonary disease and traumatic brain injury.
Hamada requested the required paperwork from her employer, but her supervisor warned her that she better not submit the request, the lawsuit states.
Over the next few months Hamada was absent from work several times due to to the lingering effects of COVID-19.
“Even though Defendant, Employer, knew that Plaintiff was absent from work due to her medical condition, Employer subjected her to discipline based on attendance,” according to the lawsuit.
Hamada says was fired Oct. 13. Her employer accused her of violating the medical center’s attendance policy, according to the suit.
Hamada’s lawyer, Amanda Whitten of Bryant Whitten LLP in Fresno, said state law allows an employee to take up to 12 weeks of leave a year to deal with a serious medical condition.
It’s also illegal for an employer to retaliate against an employee for requesting and taking that leave.
Employers need to remember that if an employee exceeds their medical leave, it makes sense to sit down and have a conversation about how much time they need off, Whitten said.
“The worst thing an employer can do is discipline and terminate,” she said.
Whitten is concerned that there could be an increase in cases where employers are using COVID-19 as an excuse to fire an employee. Hamada is her first client with “long haul” COVID-19.
“We are going to see all kinds of new employment cases that deal with COVID-19 in different ways and this is one of those ways,” Whitten said.
Hamada is asking for general damages, special damages and punitive damages. She also wants her job back.
“She is a very nice woman who was devastated by what happened,” Whitten said. “And she would love to go back to work. “
This story was originally published March 25, 2021 at 5:00 AM.
