Legal Question in Disability Law in California
Forced to resign while on disabiliity
I have worked with a company as an account executive since Feb 2003. I started getting sick right after being hired and finally my doctor put me on disability as of Nov. 2003. He exteneded my disability for two more months till April 2004. I got a letter from my employer that if I don't go back to work by mid February with a note from my doctor indicaitng that I am totally healthy, they would consider me as a employee who has resigned. I told them that my doctor has allowed me to work maximum of four hours a day till April 2004. The management and the human resource is saying the only way I can go back to work is by a note from my doctor indicating that I am fine or I have to resign. Can they force me to resign. They are saying that I am requesting to extend my medical leave and since I have not worked there a total of 1200 hour ( even though I have been working there since Feb 2003) they will consider me as an employee who has resigned.
1 Answer from Attorneys
Re: Forced to resign while on disabiliity
Being sick is not the same as disabled, necessarily. If you simply have a temporary medical condition, illness, injury, stress, etc, that puts you off work, the company rules and policies on length of leave apply, and you can be fired or treated as voluntary quit unless you return within that period.
If you don't qualify for FMLA leave because of insufficient time at the company, standard medical leave rules apply.
If you instead have an actual legally recognizable disability they are not accommodating, we could discuss your options.
It may be possible for an attorney to intervene and convince them to allow you to return with some temporary job limitations, as long as you can do most of your duties. Contact me if interested.
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