Legal Question in Disability Law in California

Replaced and soo to be fired while on disability

This year I was on maternity leave for 10 weeks. After I returned to work I had some complications from my pregnancy that resulted in surgery. Another week gone. It was supposed to be 3 weeks but my employer asked me to come back. After returning, I then started to get very sick with vertigo and hearing loss. I am undergoing tests to determine my diagnosis. Mean while my desk was cleaned out, my stuff returned to me, and I was replaced. I am told that are planning to terminate me on my first day back. Do I have a case?


Asked on 12/13/00, 5:59 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Replaced and soo to be fired while on disability

Perhaps. California law provides for up to 4 months of maternity leave - If the continued leave was caused by a complication of the pregnancy, additional maternity leave time may be available. In addition, you may be eligible for additional Leave under state or federal leave laws if your employer employs at least 50 employees. Finally, if the current symtoms have been caused or increased by your return to work, a workers' comp claim may be appropriate. You should seek qualified counsel to assist you.

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Answered on 12/21/00, 1:18 pm


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