Legal Question in Disability Law in California

employer wants me to resign

I have been on maturnity leave since april had 8 weeks for c-section. Then I used flma for 6 weeks. Within that time I find out I have Rheumotoid Arthritis my medical leave starting in August. My doctor has me out till december. My employer keeps sending letters first one to say he wasn't going to keep my job open. Second one is telling me that I have to resign if I dont come back in december. Thank you for your time.


Asked on 11/12/08, 5:47 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: employer wants me to resign

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity and/or medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 11/12/08, 7:09 pm


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