Legal Question in Disability Law in California

Mental disability

I have been on disability for almost a year (and have been employed with the same company for 15 years prior to my leave.) I do not get any wages from them and haven't since January 2009. They are paying my medical premiums, but I am not receiving any wages.

The employee handbook has a timeline of certain actions taking place...up to a year on a leave. It states that after 365 days, a letter is sent to the staff member explaining that his/her Leave of Absence has expired and that medical insurance will be continued untill Medicare coverage starts, or until disability ends, or until 29 months from the first date of absence elapse, whichevere occurs first. Here's my question; does that (expired) mean they have terminated my employment AND if so, can they terminate while I am on disabilty...?

I am aware if they are still covering my medical, then I am still employed....but....I am confused.

And my disability is not due to the job. Any answer or light you can shed on this for me is greatly appreciated.


Asked on 6/10/09, 10:52 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Mental disability

Most likely, terminating your health insurance will signal the end of your employment, as well. Employers are not obligated to keep a job available indefinitely. After the 12 weeks protected to qualified employees under the FMLA and its California equivalent, there is no set amount of time an employer must keep a job open for a disabled individual. It depends on many factors. But, clearly, the longer and more indefinite the leave, the less likely the employer will be obligated to hold the position open.

If you are close to being released to return to work, or can return with an accommodation, you should contact the company's human resource department and inform someone of your situation and discuss what can be done to accommodate you, so you can return. Document every conversation you have. If necessary, you may need to provide medical documentation to support your needs. Good luck.

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Answered on 6/15/09, 8:34 pm


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