Bostean v. Los Angeles Unified School Dist

In Bostean v. Los Angeles Unified School Dist. (1998) 63 Cal.App.4th 95, the plaintiff, a school district employee suffering from diabetes and epilepsy, was placed on involuntary illness leave without pay. (Bostean, supra, 63 Cal.App.4th at pp. 99-101.) The Court of Appeal concluded the employer's process resulting in imposition of the leave created significant risk of erroneous deprivation of the plaintiff's employment arising from "miscommunication, misinterpretation, and factual error." (Id. at p. 115.) In that case, the plaintiff's supervisor made inquiries to the plaintiff's physician, but the plaintiff was not notified the inquiries were "preliminary to an involuntary illness leave of absence," rather than to efforts to accommodate his restrictions or change his work conditions. (Id. at p. 114.) That is, the plaintiff was not "informed of the true issues at stake and the purposes for, and consequences of, the medical reports." (Id. at 116.) Moreover, the plaintiff had no predeprivation opportunity to be heard because he was told that his employer would be relying on the medical information to place him on leave on the last workday before the leave started. (Id. at p. 115.) The Court of Appeal concluded the procedures the employer used were not reliable for "developing reasonable grounds to support the imposition of an involuntary illness leave of absence without prior notice and hearing." (Id. at p. 116.) In sum, the Los Angeles Unified School District (the district) placed its employee, Bostean, on involuntary medical leave without pay for seven months. (Bostean, supra, 63 Cal.App.4th at p. 105.) Bostean's treating physician submitted a report to the district in which he stated that Bostean was capable of performing the essential duties of his position, with certain limitations. (Id. at p. 101.) The district's human resources department subsequently concluded that Bostean could not perform the essential functions of his position. (Id. at p. 102.) Bostean was therefore deprived of pay based on a medical conclusion made by a non-physician. In Bostean, the district placed Bostean on unpaid leave for seven months immediately after notifying him of its decision to place him on medical leave, and kept him on unpaid leave despite his treating physician's report that he was capable of performing the essential duties of his position, with certain limitations. (Id. at p. 101, 105.)