Legal Question in Employment Law in California

Can my CA employer fire me while I am on Short Term Disability? Short Term Disability started Jan 2009 and I just rec'd a letter telling me I was fired. Is this legal? What is the time frame that a California Employer has to hold an employee's position while they are on Short Term Disability?


Asked on 7/22/09, 9:12 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 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 medical leave when you are unable to work [or must care for an immediate family member] because of a ?serious health condition?, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 7/22/09, 9:16 pm


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