Legal Question in Disability Law in California
Can I be Terminated due to a extended leave
Recently, my mother in-law was giving notice of termination due to being on leave and not returning to work because of a extended leave which is medical related. She was working on the job while she became ill, and had to take a medical leave. Due to still having the same illness her leave continues to get extended. What are her options please help
1 Answer from Attorneys
Re: Can I be Terminated due to a extended leave
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you are out longer than those guarantees, they can fire you.
Now, if they violate those rules, contact me for the legal help you'll need.
However, if she contends this was a job related, job caused, illness, she should consult with a Workers Comp attorney about such claim, as that would be her remedy.
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