Legal Question in Disability Law in California

Return to work from CA Disability Leave

Due to serious med condition with a stress causal factor (fibromyalgia)I took a dis.leave. My co. is large, but there are 50 ees at my site so I know I am not covered under Fed/St Lv laws. My Dr sent info in to Co & now I want to return to work after a little over 1 mo leave. During my time off I had a # of calls asking procedures, etc which I handled. HR recently called and told me that they didn't want me to be caught off-guard on my return since I would be brought back to a non-mgrl. job but would keep my office - also heard that my job was recently filled by another ee (less yrs. service) even though they knew I was returning. As a mgr. of 17 yrs with this Co. I was eligible for 2 bonuses/yr. which make up a good portion of my salary. I am unsure if they will even give me my earned bonus for this year! I would not be able to live on the reduced salary. HR also said I am to provide a full release from my Dr. No p.t. avail. I feel I am being undermined & discrim. against. (The co. recently had a Christmas party & I was not invited.) Do I have any recourse under CA laws, e.g. ADA, discrim.,etc.? The stress of this is making my condition worsen! What happens if I go back & have a relapse? Is future disability impacted?


Asked on 12/05/05, 4:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Return to work from CA Disability Leave

You have a complex facts situation that is going to require more than a simplistic answer. It could involve WCAB and civil law issues. Discrimination laws and FMLA protect you from some forms of improper treatment, but your facts aren't detailed enough to be able to offer a valid opinion. Contact me if interested in pursuing this further.

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Answered on 12/07/05, 8:45 pm


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