Legal Question in Disability Law in California

I have been on medical leave since 2/9/10 and have surpassed the 12 week window. My employer has sent me a letter dated today 6/25/10 regarding my tome expiring over a month ago yet I was never informed by my employer the company policies or that the paperwork was never filled out for the FMLA. What are my leal rights now? I had a hysterectomy and cancer was found. The doctors have stated I have complications. If o am let go do I qualify for unemployment benefits?


Asked on 6/25/10, 4:22 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you were qualified for FMLA leave, you had 12 weeks protected. That is now used up, whether you knew or not. If you had other accrued company leave[s], they can make you use it up as part of that 12 weeks. If they had a policy that didn't require use of accrued leave, then you might be able to tack that on. It is fact dependent. If terminated, you can apply for unemployment or state disability, depending on your condition. Unless you are returned by the doctor to work before the expiration of protected time, you can be terminated, as you found out.

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Answered on 6/25/10, 8:33 pm


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